My Ex Stopped Working to Avoid Paying Alimony: What Can I Do?
Divorces are never simple, and when alimony enters the picture, things can quickly become even more complicated and stressful. For many clients, a frustrating and unfortunately common challenge arises when an ex stops working or significantly reduces their income to avoid paying alimony. This tactic can feel unfair to those counting on the support they were awarded.
At The Torres Law Firm, we understand the unique challenges of these cases, and we’re committed to providing you with clear, actionable guidance. We’re here to make sure that you understand your rights and options, so you can secure the support you’re entitled to.
Alimony and Family Law in Texas
In Texas, family law is designed to make sure that both parties are treated fairly after a marriage ends. Alimony—sometimes called spousal support—is meant to provide financial stability to the lower-earning spouse, helping them transition into a new phase of life. But what happens when your ex tries to avoid this responsibility by quitting their job or reducing their income?
Why Would Someone Quit Working to Avoid Paying Alimony?
Some individuals mistakenly think that if they reduce or eliminate their income, the court will lower or stop their alimony payments. However, Texas family law has protections to prevent these kinds of situations. Courts don’t take kindly to gamesmanship, and if it’s determined that an ex is voluntarily underemployed or unemployed, they may be held accountable.
Judges often impute income to individuals who aren’t working at their full earning capacity, meaning they can assign a notional income based on what the person could reasonably earn given their skills and work history.
This approach makes sure that individuals can’t escape their financial responsibilities simply by choosing not to work, thereby reinforcing the principle that alimony is meant to provide necessary support and maintain fairness in the post-divorce financial process.
Step 1: Document Any Changes in Employment
The first thing we recommend is to document everything. Keep a record of any communication that hints at their intentions. In family law cases, documented proof can go a long way in showing the court that your ex is intentionally avoiding alimony.
Some examples of evidence you may need include:
Messages where your ex discusses their plans to reduce income
Public social media posts suggesting a change in employment
Records showing they left a job with no reasonable cause
Step 2: Proving Voluntary Unemployment or Underemployment
One of the most important aspects of family law in Texas is that alimony determinations are based on the ability to pay, not just on actual income. In other words, if your ex has the skills, education, and experience to earn a certain amount, the court may base alimony payments on that potential earning power rather than their current income.
At The Torres Law Firm, we’ll work to prove that your ex is voluntarily unemployed or underemployed. This often requires gathering employment records, looking into job market data, and possibly hiring an expert to testify about job availability in Corpus Christi, Dallas, and Fort Worth, showing that they could indeed be working if they chose to.
Step 3: Request a Modification Hearing
If you can demonstrate that your ex is intentionally avoiding work, the next step is to file for a modification hearing. During this hearing, the judge will review evidence, hear arguments, and determine whether the current alimony arrangement needs to be adjusted. Family law in Texas provides for these types of hearings to prevent abuse of the system.
Step 4: Imputation of Income
If the court is convinced that your ex is capable of earning income but chooses not to, they may use a tactic known as “imputing income.” Imputed income means that, for purposes of calculating alimony, the court will estimate what your ex could be earning if they were working at their capacity.
Family law judges understand that some individuals may attempt to manipulate the system, and imputing income is a way to make sure that the payor can’t escape their obligations by choosing not to work.
Texas courts use various methods to calculate imputed income. They may look at:
Past earnings
Job opportunities in Corpus Christi, Dallas, and Fort Worth
Skills and qualifications relevant to the job market
When income is imputed, the court’s alimony orders will be based on that potential income rather than actual earnings. At The Torres Law Firm, we’ll work tirelessly to make sure that the court understands the full context so you receive fair treatment.
Step 5: Contempt of Court
If your ex continues to dodge responsibility by failing to pay court-ordered alimony, they may be held in contempt of court. Family law judges can impose penalties for contempt, including fines, wage garnishments, and even jail time. While this is usually a last resort, it’s a powerful option when an ex-partner refuses to meet their obligations despite having the means to do so.
At The Torres Law Firm, we know that pursuing contempt of court is a big step. We’ll work with you to determine if this option is the ideal path forward, giving you peace of mind that every action we take is for you.
Additional Options and Considerations in Family Law
While the above steps are designed to address intentional avoidance, Texas family law offers other ways to help clients facing non-payment issues. Some of these options include:
Wage garnishment: In cases where your ex is employed, we can seek to garnish their wages directly. This allows payments to be automatically deducted from their paycheck.
Asset seizure: For those with substantial assets, the court can order seizure or liquidation to meet alimony obligations. This might include bank accounts, property, or other valuables.
Liens: If your ex has valuable assets but limited cash flow, a lien can be placed on their property to make sure that payment is upon sale or transfer.
Each of these solutions has specific requirements, and our firm will work closely with you to explore which options suit your situation.
Don’t Give Up: We’re Here to Help
It can feel isolating and discouraging to deal with a non-paying ex who’s attempting to avoid responsibility. We understand that, and at The Torres Law Firm, we’re dedicated to supporting you through each step of this process. By exploring all your options and taking the appropriate steps under family law, we’ll work to help you regain control over your financial security.
Family law is here to protect you and make sure that your ex can’t simply walk away from their obligations. We’ll stand by you, providing clear answers and a straightforward plan of action, so you know exactly what to expect and how to move forward.
Our experienced attorneys will guide you in gathering necessary documentation, handling legal requirements, and advocating for your rights, making sure that you feel empowered throughout the process. With our support, you can take confident steps towards a resolution and work towards a more stable and secure future for yourself and your family.
Secure Your Rights With The Torres Law Firm
If you’re dealing with an ex who’s stopped working to avoid paying alimony, we’re here to help. From Corpus Christi to Dallas and Fort Worth, our experienced family law attorneys are ready to provide you with the support you need to protect your rights. Contact us today at The Torres Law Firm to take the first step toward achieving the fair outcome you deserve.