What Happens if Your Ex-Spouse Leaves the State and Isn't Paying Spousal Support?
It could be difficult to get the non-paying spouse into courtBy Meagan Francis | Reviewed by Canaan Suitt, J.D. | Last updated on October 12, 2023 Featuring practical insights from contributing attorney Michael D. Stutman
Use these links to jump to different sections:
- Forcing the Nonpaying Former Spouse into Court
- Why Is It Important to Get the Nonpaying Spouse Into Court?
- Getting Legal Help
When Jane Maharam’s ex-husband, Robert Maharam, left the state with the married couple’s assets—including $4 million the court had ordered him in 1983 to pay Jane—she had few options under current law.
“You could sue in a New York court, but [the other spouse] doesn’t have to show up,” says Michael Stutman, a family law and divorce attorney with Alter Wolff Foley & Stutman in New York City.
“The most that could happen is that a warrant for their arrest would be issued in New York,” he says. But that warrant could only be used if the ex-spouse returned to New York, meaning they could still roam free in the other 49 states.
Forcing the Nonpaying Former Spouse into Court
Legislation proposed in the U.S. House of Representatives in 2019 would have strengthened enforcement of court-ordered spousal property distribution. Called “Jane’s Law” in honor of Jane Maharam, the legislation would have made it a federal crime for ex-spouses to evade spousal support payments by fleeing the state.
Under current law, ex-spouses who refuse to pay their court-ordered alimony payments can face fines, restitution, and jail time, but only in the state where the court gives the order. With Jane’s Law, those charges would apply in any state in which the ex-spouse lives. This would enable law enforcement to track down those who avoid paying spousal maintenance by leaving the state.
Why Is It Important to Get the Nonpaying Spouse Into Court?
Forcing the nonpayer into court is important, according to Stutman, because the threat of jail time is an effective enforcement mechanism: “When the handcuffs come out, you’d be amazed how fast the checkbooks follow.”
An interstate enforcement system could have some potential pitfalls, he adds. “It’s not easy to get two different courts, states, and counties to coordinate.”
And today, because spousal maintenance is considered a rehabilitative measure meant to last only long enough for the collecting spouse to get back into the job market, the collecting spouse may still be in a rough spot: He or she will have to front the money for legal fees, and without a guarantee about the paying spouse, the risk might not seem worth taking.
Still, anything would be better than the current system, Stutman says.
“The easier it is for the recipient to latch onto the defaulting payer, the less expensive it is,” he says. With a better system for tracking down deadbeat ex-spouses who’ve fled the state, he says, “You’d end up with more money going to where it was supposed to end up in the first place.”
As of right now, Jane’s Law has not been enacted, though it has been proposed multiple times in the past. It may get a renewed push in the future.
Getting Legal Help
If you have questions about alimony awards, child custody, child support orders, or other matters related to the divorce process and legal action, speak with an experienced divorce or family law attorney for legal advice.
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