What to do when your ex-husband doesn't pay alimony?

Contrary to what most people think, the payment of alimony is not exclusive to parents and children, there are other different types of alimony, such as survivor's alimony, disability alimony, alimony for an ex-spouse, among others.

Knowing this, simply find out whether your case meets the requirements for the alimony request to be approved by the judge.

In cases of post-divorce alimony, the party receiving the amount must prove that the payer has the financial means to provide alimony to her, and that she herself is financially dependent on him, and therefore needs the alimony.

Once the request is approved, the judge determines what the amount of alimony will be, how long the party must pay for, and how the payments will be made, but what happens if my ex-spouse does not pay?

Pension for the ex-spouse

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The pension for ex-spouses works in a slightly different way than the pension of the parent for the children, since in this case it is an irrevocable right, and in the case of divorce it is relative to the couple's situation.

In the case of child support, if the first installment is not paid or is late, the person responsible for the child can go to court to demand payment, which can result in the amount in the accounts being frozen, the debtor's assets being seized, his name being included in Serasa and even his arrest.

It is worth making it clear that the fact that the debtor is arrested does not exclude the debt, which if not paid, a new arrest may be carried out.

Regardless of gender, alimony for the ex-spouse is a right, whether male or female, if the need of one of the parties and the possibility of the other are proven, this payment must be made.

If the ex-spouse does not make this payment within the deadline, he or she may be arrested for non-payment.

The legislation is not specific about the person who receives alimony and needs this support, so the law is the same regardless of whether we are looking at the case of a man, a woman, an elderly person or a child.

Furthermore, there is no time limit for payment to be made before the defaulter can be arrested; this period is measured in the number of overdue payments, which is normally three payments.

This happens because each pensioner can receive it in a different way and time frame, it all depends on the situation of the parties and how the judge in the case determined that this payment would be made.

There are agreements in which the pensioner receives it monthly, but there are also those who receive it every fortnight, bimonthly or even half-yearly, in any of these payment methods and terms, if the person who pays the pension does not do so for at least 3 installments, the pensioner can already file a lawsuit.

The arrest is only made if it has already been previously determined, so it is not something “automatic”, when the pension goes 3 installments without being paid, the pensioner must file a lawsuit requesting the arrest of the debtor to the judge, he will have a period of 3 days to pay what he owes after the summons.

If there is a reason that legally justifies the default, during this period the debtor can prove it, or if he has already paid, he can also use this period to prove it.

If the judge does not accept the justification, or in its absence, the debtor will be arrested and may be imprisoned for one to three months.

Did you understand what happens if your ex-spouse doesn't pay alimony?

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