If your former spouse isn’t paying you or isn’t paying you what they owe, enforcing spousal support orders may be an issue you’re facing. In Oklahoma, enforcing spousal support orders is a process that involves understanding and dealing with specific legal procedures and statutes. As a result, a person seeking relief will have to petition the court to enforce these orders. This article will help to explain how you can start enforcing your spousal support orders in Oklahoma. Additionally, you can check out our Tulsa Family Law Blog for more legal info.
Understanding Spousal Support In Oklahoma
Spousal support, or more commonly alimony, is a legal obligation the court orders a former spouse to pay. Oklahoma law lays out the specifics of these obligations in the divorce decree. State statute ยง43-134 provides clear guidelines on the structure and enforceability. Under Oklahoma Statutes Section 43-134, the decree of dissolution of marriage shows the amounts designated as support (alimony) and those related to property division.
If your ex-spouse is not complying with the support order, you can file a motion for contempt of court in the court where the original support order was issued. This process involves proving the existence of the support order and the non-compliance of your ex-spouse. Once you file your motion for contempt, the court will set a hearing for it. This is where you and your former spouse will plead your cases regarding the matter. If the court rules in your favor, your ex-spouse will have a judgement against them. This can include paying back support to you as well as any attorney fees from their default of payments.
When Spousal Support Can Be Modified Or Terminated
Importantly, while payments designated for property division are irrevocable and not subject to modification, alimony payments can be adjusted based on certain circumstances. For example:
- Modification of Orders: Oklahoma law allows for the modification of alimony payments if there’s a substantial and continuing change in circumstances that makes the original terms unreasonable.
- Termination of Support: Alimony payments terminate upon the death or remarriage of the recipient, subject to certain conditions.
- Cohabitation: A former spouse living with someone new can be grounds to modify the alimony.
Additionally, alimony is not usually something a person receives for life. Oklahoma courts will almost always cap the alimony at a certain amount of years. However, this will ultimately depend on the circumstances of the divorce as well as the length of the marriage. This means that if your former spouse pays off the final payment of the alimony order, you do not have a right to more money. Thus, it’s important to speak with a family law attorney who can help you know your rights.
Tulsa County Alimony Attorneys
Enforcing spousal support orders in Oklahoma involves understanding the complexity of the laws. Because of this, it is often advisable to seek legal assistance. A family law attorney can provide guidance they tailor to your specific situation, ensuring that you navigate the legal system effectively and the protection of your rights. Our team at Tulsa Divorce Attorneys & Associates will help you enforce spousal support orders in your case. If you’re struggling with spousal support enforcement or other family law issues, contact us today at (539) 302-0303. You can also reach us through our Ask A Lawyer feature.