How do I enforce an alimony order in Connecticut?

It is incredibly frustrating and stressful when your ex-spouse fails to pay court-ordered alimony. You counted on that financial support, and when it doesn't arrive, it can throw your entire budget into chaos. The good news is that a Connecticut divorce decree is not just a suggestion; it's a legally binding court order. If your ex-spouse is not paying, you have powerful legal tools at your disposal.

The primary way to enforce an alimony order in Connecticut is by filing a Motion for Contempt with the Superior Court. This legal document formally tells the court that your ex-spouse has violated the alimony order. The goal is to have a judge intervene, find your ex-spouse in contempt, and issue new orders to compel payment of both the overdue amount (the "arrearage") and future payments.

Navigating this process can feel overwhelming, but you don't have to do it alone. This guide will walk you through the steps, explain the relevant Connecticut laws, and provide the practical information you need to take action and secure the financial support you are owed.

Understanding the Legal Foundation for Alimony Enforcement

When a judge issues an alimony order as part of your divorce, it carries the full weight of the law. It is not optional. When your ex-spouse fails to comply, they are in "contempt of court." Connecticut law provides a clear path for addressing this violation.

The key statute is C.G.S. § 46b-87, which specifically addresses contempt of court orders in family matters. This law states that if a person is found in contempt of an alimony order, the court can force the non-paying person to cover the costs of enforcement. It says, "the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt." This is a critical provision, as it means you may be able to recover the legal costs you incur while trying to enforce the order.

To successfully enforce an alimony order in Connecticut, you must prove two things to the judge:

There is a clear and unambiguous court order for alimony.
The other party has willfully violated that order.

"Willful" is a key term here. It means the person had the ability to pay but chose not to. It distinguishes between someone who is truly unable to pay (for example, due to an unexpected job loss) and someone who is simply refusing to meet their legal obligation.

Connecticut Law Requirements: The Motion for Contempt

The legal tool you will use is the Motion for Contempt. The Connecticut Practice Book, which contains the rules for court procedures, sets out specific requirements for this motion.

According to Practice Book § 25-27, every Motion for Contempt must state:

The date and the specific language of the alimony order that was violated.
The precise actions (or inactions) that constitute the contempt. For alimony, this means listing the payments that were missed or were less than the full amount.
The total amount of alimony that is past due (the arrearage), including the date used to calculate that total.
The relief you are requesting from the court (what you want the judge to do).

Filing a detailed and accurate motion is the first and most important step to successfully enforce an alimony order in Connecticut.

A Step-by-Step Guide to Enforcing Your Alimony Order

While we strongly recommend working with an experienced family law attorney, understanding the process can empower you and reduce your anxiety. Here is a step-by-step overview of how enforcement typically works.

Step 1: Gather Your Documentation

Before you file anything, get your paperwork in order. The more organized you are, the stronger your case will be. You will need:

A certified copy of your divorce decree, which contains the alimony order.
A detailed record of all payments you have received, including dates and amounts. A simple spreadsheet works well.
A clear calculation of the total amount your ex-spouse is behind on payments.
Copies of any communication (emails, text messages) between you and your ex-spouse regarding the missed payments.

Step 2: Complete the Motion for Contempt

You will use the official court form, JD-FM-174, Motion for Contempt. Fill it out completely and accurately, making sure to include all the information required by Practice Book § 25-27. Be specific. Instead of saying "He hasn't paid in a few months," state "The Respondent failed to make the court-ordered alimony payments of $1,000 on March 1, 2024, April 1, 2024, and May 1, 2024, for a total arrearage of $3,000 as of May 15, 2024."

Step 3: File the Motion with the Court Clerk

Take the completed motion to the clerk's office at the Superior Court where your divorce was finalized. You will need to pay a filing fee. The clerk will sign the motion and assign a hearing date.

Step 4: Arrange for Proper Service

Your ex-spouse must be officially notified of the hearing. You cannot simply mail them a copy or hand it to them yourself. In Connecticut, you must hire a state marshal to "serve" the papers on your ex-spouse. This is a crucial step that satisfies legal due process requirements. The marshal will provide you with a "Return of Service" document, which you must file with the court to prove that your ex-spouse was properly notified.

Step 5: Prepare for the Court Hearing

Before the hearing date, you must prepare and file an updated Financial Statement (Form JD-FM-006-SHORT or JD-FM-006-LONG). According to Practice Book § 25-30, this is required for any hearing involving financial matters. Your ex-spouse will also be required to file one.

At the hearing, you (or your attorney) will present your case to the judge. You will show the judge the original alimony order and your records of non-payment. Your ex-spouse will then have an opportunity to respond and explain why they have not paid.

Step 6: The Judge's Ruling and Enforcement Orders

If the judge agrees that your ex-spouse willfully violated the alimony order, they will be found "in contempt." The judge has broad powers to enforce the order and compel payment. Potential outcomes include:

Order for Immediate Payment: The judge can order your ex-spouse to pay the entire arrearage immediately or by a specific date.
Payment Plan: The judge can establish a structured payment plan for the arrearage, often in addition to the regular ongoing alimony payments.
Wage Withholding: This is a very effective tool. Under C.G.S. § 46b-69a, the court can order your ex-spouse's employer to deduct the alimony payments directly from their paycheck and send the money to you.
Bank Levy or Property Lien: The court can authorize seizing funds from your ex-spouse's bank accounts or placing a lien on their property (like a house or car) to secure the debt.
Award of Attorney's Fees: As mentioned in C.G.S. § 46b-87, the judge can order your ex-spouse to pay for the reasonable attorney's fees and costs you incurred to bring the contempt motion.
Incarceration: This is a last resort, but if a judge believes a person has the ability to pay but is flagrantly refusing, they can order them to be jailed until they comply. This is a coercive measure, not a punishment, designed to force payment.

Important Considerations When Enforcing Alimony

Inability to Pay vs. Unwillingness to Pay

This is the central issue in most contempt hearings. If your ex-spouse has had a genuine and significant change in their financial situation (e.g., lost their job, suffered a serious disability), they may not be found in willful contempt.

However, this does not excuse the debt. An ex-spouse in this situation should proactively file a Motion for Modification, asking the court to reduce or suspend their alimony payments based on a "substantial change in the circumstances" (C.G.S. § 46b-86). Simply stopping payment is not the correct procedure and will likely land them in court.

Communication Can Sometimes Help

Before rushing to court, and only if you feel safe doing so, you might consider sending a formal written request for payment to your ex-spouse. This can sometimes resolve the issue without legal action and also serves as evidence for the court that you tried to handle it amicably first.

Frequently Asked Questions About Alimony Enforcement

Here are answers to some common questions about how to enforce an alimony order in Connecticut.

What if my ex-spouse lives in another state?

This is a common issue, but there are laws to address it. Connecticut can often retain jurisdiction to enforce its own orders. Additionally, the Uniform Interstate Family Support Act (UIFSA) provides a framework for registering and enforcing a Connecticut alimony order in the state where your ex-spouse lives. The process can be more complex, and consulting an attorney is highly recommended.

Can my ex-spouse really go to jail for not paying alimony?

Yes, but it is rare and used only as a last resort. The purpose of incarceration in a civil contempt case is to coerce the person to pay what they owe. The judge must be convinced that the person has the ability to pay but is refusing. The person is often told they can be released as soon as they make a certain payment—they "hold the keys to their own cell."

What happens if my ex-spouse files for bankruptcy?

Alimony is considered a "domestic support obligation" under federal bankruptcy law. This means it is generally not dischargeable in bankruptcy. Your ex-spouse will likely still owe the full amount of back alimony even after the bankruptcy case is over.

How long does it take to enforce an alimony order in Connecticut?

The timeline can vary significantly depending on the court's schedule, how quickly you can get the other party served by a marshal, and the complexity of the case. From filing the motion to the hearing date, it could take anywhere from a few weeks to a few months.

What is the difference between a Motion for Contempt and a Motion for Modification?

A Motion for Contempt looks backward. It asks the court to address past violations of an existing order. A Motion for Modification looks forward. It asks the court to change the order for future payments due to a substantial change in circumstances. Your ex-spouse might file a Motion for Modification in response to your Motion for Contempt.

Can Support Enforcement Services (SES) help me collect alimony?

Generally, no. The state's Support Enforcement Services (SES) division primarily handles the enforcement of child support orders. While they may be involved if you have a "mixed" order for both child support and alimony, they typically do not enforce alimony-only orders. You will usually need to initiate a private action by filing a Motion for Contempt.

How much does it cost to enforce an alimony order?

You will have a court filing fee and the cost of hiring a state marshal for service. The largest expense is typically attorney's fees. However, remember that C.G.S. § 46b-87 gives the court the authority to order your ex-spouse to pay your reasonable legal fees if they are found in contempt, which can offset your costs.

Getting Help

While it is possible to file a Motion for Contempt on your own (pro se), the process is filled with procedural requirements that can be difficult to manage without legal training. A mistake in your paperwork or in serving the other party can get your case dismissed.

Working with an experienced Connecticut family law attorney is the most effective way to enforce an alimony order. An attorney will ensure all documents are filed correctly, represent you forcefully at the hearing, and argue for all available remedies, including the payment of your legal fees. They understand the local court procedures and what judges look for in these cases.

Conclusion

You have a right to the financial support awarded to you in your divorce. Connecticut law provides a clear and powerful process to enforce your alimony order when your ex-spouse fails to pay. By filing a Motion for Contempt, you can ask a judge to intervene and compel payment.

The key is to be proactive and organized. Gather your documents, understand the steps, and strongly consider seeking legal counsel to guide you. Taking these steps will put you in the best possible position to secure the alimony you are owed and regain your financial stability.