What happens if my ex doesn't pay alimony in Connecticut?

It is incredibly frustrating and stressful when your divorce decree is finalized, you have a court order for alimony, and then your ex-spouse simply stops paying. You relied on that financial support, and now you're left wondering what to do. The good news is that in Connecticut, an alimony order is not a suggestion—it's a legally binding mandate from a judge.

If your ex doesn't pay alimony in Connecticut, you have powerful legal tools at your disposal to enforce the order. The primary method is filing a Motion for Contempt with the court. This action tells the judge that your ex-spouse is willfully disobeying a court order. If the court agrees, a judge can impose serious penalties, including ordering immediate payment of what's owed, forcing them to pay your attorney's fees, and even, in serious cases, ordering jail time. You do not have to face this situation alone; the law provides a clear path to hold your ex accountable.

Understanding Your Alimony Order

Before diving into the enforcement process, it’s important to understand the power of your divorce judgment. When a judge issues an order for one party to pay alimony to the other, it becomes an official decree of the Superior Court. This is not a private agreement or a casual promise; it carries the full weight of the law.

Failing to comply with this order is considered "contempt of court." This means the person is disrespecting the court's authority by ignoring its direct command. Connecticut law takes this very seriously, which is why the enforcement remedies are so strong. When your ex doesn't pay alimony, they aren't just letting you down; they are violating a legal obligation they have to the court itself.

Connecticut Law: The Foundation for Enforcing Alimony

The legal process for dealing with unpaid alimony is built on a foundation of specific Connecticut statutes and court rules. The most critical tool is the Motion for Contempt, which is your formal request for the court to intervene.

The Motion for Contempt

The rules for filing this motion are outlined in the Connecticut Practice Book. Specifically, Practice Book § 25-27 requires that your motion must clearly state:

The date and the exact language of the alimony order that was violated.
The specific actions (or inactions) that constitute the contempt—for example, listing the dates and amounts of each missed payment.
The total amount of alimony your ex owes you, known as the "arrearage."
What you are asking the court to do about it (the "relief" you seek).

Penalties for Contempt

The consequences for being found in contempt are significant. C.G.S. § 46b-87 gives the court broad authority when a person is found in contempt of an alimony order. The statute states that "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 crucial provision. It means that if you have to hire an attorney to force your ex to follow the rules, the court can order your ex-spouse to reimburse you for those legal costs. This prevents the financial burden of enforcement from falling on the person who was wronged.

Step-by-Step Guide to Enforcing Your Alimony Order

If your ex doesn't pay alimony in Connecticut, you can't take matters into your own hands (like withholding visitation with children). You must go through the court system. Here is a step-by-step guide to the process.

Step 1: Gather Your Documentation

Before you file anything, get your paperwork in order. A strong case is built on clear evidence. You will need:

A copy of your signed Divorce Decree: This contains the specific alimony order.
Proof of Non-Payment: Create a clear record of what was paid versus what was owed. This can be a spreadsheet, copies of bank statements showing the missing deposits, or a simple log of missed payment dates and amounts.
Records of Communication: If you have emails or text messages with your ex about the missed payments, save them. While not always necessary, they can sometimes help show that the non-payment was willful.

Step 2: Prepare and File a Motion for Contempt

Your attorney will draft a "Motion for Contempt" based on the requirements in Practice Book § 25-27. This legal document formally accuses your ex-spouse of violating the court's alimony order and details the exact amount they owe.

The motion is then filed with the Superior Court clerk in the judicial district where your divorce was granted.

Step 3: Officially Serve Your Ex-Spouse

You can't just email the motion to your ex. They must be formally "served" with the court papers. This is typically done by a State Marshal, who will personally deliver a copy of the motion and a summons for them to appear in court. This ensures your ex has official notice of the hearing and an opportunity to respond.

Step 4: The Court Hearing

Both you and your ex-spouse (and your respective attorneys) will appear before a judge. At the hearing:

Your Case: Your attorney will present the evidence: the clear court order for alimony and the record of your ex's failure to pay. This establishes a prima facie case—meaning, on its face, it appears a violation occurred.
Your Ex's Defense: The burden then shifts to your ex-spouse. They must prove to the judge that their failure to pay was not willful. A valid defense is not simply that it was inconvenient to pay; they must show an inability to pay (e.g., an involuntary job loss). However, even with a valid reason, they should have filed their own motion to modify alimony, not just stopped paying.
The Judge's Ruling: The judge will listen to both sides and make a decision.

What Can the Court Order? Potential Outcomes

If the judge finds your ex in contempt, they have a wide range of enforcement powers to make things right.

Order to Pay the Arrearage: The judge will issue a new order demanding payment of the full amount owed. This might be a lump-sum payment or a structured payment plan in addition to their ongoing alimony obligation.
Wage Withholding: This is one of the most effective tools. Under C.G.S. § 46b-69a, the court can issue a wage execution, which is an order sent directly to your ex's employer. The employer is then legally required to deduct the alimony payments (both current and past-due amounts) from your ex's paycheck and send the money directly to you.
Payment of Your Attorney's Fees: As mentioned in C.G.S. § 46b-87, the judge can—and often will—order the non-paying spouse to cover the reasonable legal fees and costs you incurred to bring the contempt motion.
Bank Account Levy: The court can authorize the seizure of funds directly from your ex's bank accounts to satisfy the amount owed.
Property Lien: A lien can be placed on your ex's property, such as a house or land. This means they cannot sell or refinance the property without paying you first.
Incarceration (Jail): This is the court's most serious tool and is reserved for cases where the non-payment is egregious and willful. A judge can sentence the person to jail for contempt. Often, the judge will set a "purge amount"—a specific sum of money that, if paid, will secure their release. The threat of jail is often enough to compel immediate payment. If a person faces potential incarceration, they have a right to a court-appointed attorney if they cannot afford one (Practice Book § 25-63).

Important Considerations When Your Ex Stops Paying

Navigating a situation where your ex doesn't pay alimony in Connecticut requires a strategic approach. Here are some key things to keep in mind.

Act Promptly: Don't let the unpaid alimony pile up for months or years. The longer you wait, the harder it can be to collect the full amount, and it may signal to the court that the issue wasn't urgent. Acting quickly shows you rely on the support and take the court order seriously.
Modification is Different from Contempt: If your ex-spouse has a legitimate, long-term financial problem (like a permanent disability or job loss), their legal responsibility is to file a "Motion for Modification" with the court. Under C.G.S. § 46b-86, a judge can modify an alimony order if there has been a "substantial change in the circumstances of either party." Simply stopping payment is not the correct procedure and exposes them to a contempt finding.
Keep Impeccable Records: The success of your contempt motion depends on clear, accurate records. Keep a detailed log of every payment received—date, amount, and method. Note every missed or partial payment. This documentation is your most powerful evidence in court.

Frequently Asked Questions About Unpaid Alimony

Here are answers to some common questions that arise when an ex doesn't pay alimony in Connecticut.

1. Can my ex stop paying alimony if I'm living with someone new?

No, they cannot unilaterally stop paying. However, Connecticut law (C.G.S. § 46b-86(b)) does allow a paying spouse to file a motion to modify, suspend, or terminate alimony if the receiving party is living with another person and this arrangement causes a change in their financial needs. Your ex must file a motion and get a new court order; they cannot make that decision on their own.

2. What if my ex lost their job? Is that a valid excuse for not paying?

Losing a job may be a valid reason to request a modification of alimony, but it is not a legal excuse to simply stop paying in violation of a court order. Your ex-spouse has the responsibility to immediately inform the court of their substantial change in circumstances by filing a Motion for Modification. If they do nothing, they are still in violation and can be held in contempt.

3. How much does it cost to file a Motion for Contempt?

There are court filing fees and fees to have a marshal serve the papers. The biggest cost is typically attorney's fees. However, remember that C.G.S. § 46b-87 specifically allows the judge to order your ex-spouse to pay your reasonable legal fees if they are found in contempt. This provision is designed to make it financially possible for you to enforce your rights.

4. How long does the enforcement process take?

The timeline can vary depending on the court's schedule, how quickly the marshal can serve your ex, and whether your ex's attorney tries to delay the hearing. Generally, you can expect a hearing within one to three months of filing the motion.

5. Can I stop my ex from seeing our kids if they don't pay alimony?

Absolutely not. In Connecticut, parenting time (visitation) and financial support (alimony or child support) are treated as completely separate issues. Withholding court-ordered visitation is a violation of the custody order and could result in you being held in contempt of court. Never link the two issues.

6. My ex filed for bankruptcy. Do they still have to pay alimony?

Generally, yes. Domestic support obligations, including alimony and child support, are typically considered non-dischargeable debts in bankruptcy. This means the bankruptcy filing will not erase the alimony they owe you, including past-due amounts.

7. What if my ex moves out of state?

Connecticut courts can still enforce alimony orders even if the paying spouse moves. The process can become more complex, potentially involving registering the Connecticut order in the new state, but enforcement is still very possible. An experienced attorney is essential in these situations.

Getting the Help You Need

When your ex doesn't pay alimony in Connecticut, it can feel overwhelming. You don't have to navigate the court system alone. The law is on your side, but enforcing your rights requires following specific legal procedures.

Working with an experienced Connecticut family law attorney is the most effective way to handle this. An attorney can help you gather the necessary evidence, draft and file the Motion for Contempt correctly, represent you effectively in court, and ensure you use all available legal tools to collect the money you are owed.

Conclusion: You Have Rights and Remedies

Remember, a Connecticut alimony order is a powerful legal document. If your ex-spouse chooses to ignore it, they are violating a direct order from a judge. You have the right to take action and hold them accountable. By filing a Motion for Contempt, you can ask the court to compel payment, award you attorney's fees, and impose other penalties to ensure compliance. Don't wait and let the debt grow—take the first step toward enforcing your rights today.