How to Pursue Contractual Alimony and the Remedies Available
May 2, 2012 Leave a comment
Before reading this post, make sure you know if the payments are contractual alimony or spousal maintenance. My prior post on the topic should help.
If a spouse (now ex-spouse) fails to pay contractual alimony, your remedies are the same as if they had breached any other contract. You look for the damages you suffer, which include both the payments outlined in the decree that the ex-spouse has not paid, any foreseeable damages, and attorney’s fees.
The missed payments should be easy to figure out. Tally up the amounts the ex-spouse has not paid.
Attorney’s fees are available through the Texas Civil Practice and Remedies Code section 38.001.
Foreseeable damages would be any additional penalties, fines, and other monetary amounts that the spouse could have foreseen you would suffer by their non-payment. For example, if the payments were known to be used to pay a mortgage, the paying spouse failed to make multiple payments, and the mortgage was foreclosed and the house lost, you could argue any additional penalties/fees, moving expenses, and perhaps other expenses were foreseeable and should be compensated.
Some issues for the suing party to consider are whether the ex breach the entire agreement or whether the breach was only of the specific payments not made. Things get more complicated here, since sometimes parties argue the contract was modified by different events or a pattern of past behavior, as well as the more limited breach of an installment contract versus the total breach. If arguments like this begin to surface, consult a lawyer familiar with this topic. It will serve you well, and in this setting, contingency fee contracts or retainer agreements are both typically available, depending on the firm.