Whichever term is reached, it means that it becomes a part of the final divorce decree and that binds the ex-husband to make the alimony payments until the court modifies the terms to relieve the obligation or the term expires. If the ex-husband stops paying, the ex-wife has the option of returning to court if the issue cannot be resolved between the two ex-spouses. If the ex-spouses have to return to court, the ex-wife may request the court to hold her ex-husband in contempt. The court may also order the ex-husband to show why he is unable to make the payment.

A hearing is usually held so the court can decide if it is appropriate to cite a contempt charge. The ex-wife has the burden of proving her ex-husband is noncompliant with the court order. When noncompliance is proven, the ex-husband is required by the court to prove why the contempt charge is invalid. There are many options the court has when finding an ex-husband in contempt one option is incarceration as punishment. If incarceration is what the court chooses, it will also decide the amount, which the ex-husband can pay and “purge” the contempt to get out of going to jail. If the court finds the ex-husband in indirect criminal contempt, the judge will issue jail time without a “purge amount.” For a judge to issue this punishment, he must find that the ex-husband had the ability to pay alimony but chose to not pay either intentionally or willfully.

There are a few lesser extreme measures that exist including suspending the ex-husbands professional license such as a law, medical or insurance license or suspending a driver’s license. If the judge finds an ex-husband does not have enough assets to pay back alimony, but is employed, the judge can order his employer to garnish his wages. Another less extreme measure is to ordering an attachment and garnishment of any financial accounts including an IRA, ordering an offset against state and federal tax refunds and denying a passport.

In addition, an ex-wife can request that the court reduce the past due alimony to a money judgment. If the judge grants the request, an ex-wife can file a judgment in whatever county her ex-husband owns property. This judgment causes a lien to be brought against the property keeping him from selling or transferring the property until the past due alimony is paid. Another less extreme measure for a wife to obtain past due alimony is by seeking a writ of execution. A writ of execution gives the sheriff the right to seize property owned by the ex-husband to sell in a sheriff’s sale, where the ex-wife receives proceeds from the sale up to the amount owed in past due alimony.