What if My Spouse Refuses to Pay Maintenance After a Divorce?

 Posted on December 11, 2025 in Spousal Support

Although it is not common, sometimes a judge will see fit to award one spouse in a divorce with maintenance. This is a court-ordered form of financial assistance paid by one spouse to the other. If your spouse refuses to make maintenance payments according to your divorce decree, you may have to take legal action to get him or her to comply.

At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX family law attorneys have decades of legal experience. We are not afraid to take aggressive legal action against non-cooperative spouses who refuse to obey court orders. There are multiple ways to enforce an order of maintenance, and we will review your individual circumstances to determine the best course of action.

How Can I Prove That My Spouse Is Not Paying Maintenance?

If you want to take legal action against your ex-spouse for not following a court order, you should come prepared with documentation to support your case. Bank statements, for instance, can demonstrate that your ex did not pay the funds on the required date(s). You should also present the court order showing the terms of the maintenance so you can cite the exact violation of the order.

Our firm can help you compile evidence to make a stronger case for enforcement. We can also anticipate possible defenses that your ex might raise and document communications or statements that support your claim.

Income Withholding for Unpaid Maintenance in Texas

One of the most direct remedies available for unpaid maintenance is income withholding. When maintenance is not paid, Texas courts can seize a portion of earnings directly from the obligor’s (paying spouse) paycheck. At the court’s instruction, an employer may withhold up to 50 percent of the obligor’s disposable income (Texas Family Code Sec. 8.107). If the obligor is also making child support payments, the amount withheld for alimony may be less. 

To request that your spouse’s income be withheld, you must fill out an Income Withholding for Support Order (IWO) form. This form must be signed by the judge who signed the original maintenance order, then filed with the District Clerk’s Office.

When Will a Judge Use Contempt of Court for Unpaid Maintenance?

Contempt of court is generally used as an enforcement measure when other avenues do not work, although a judge can use contempt immediately if the nonpayment is obviously willful. Contempt is reserved for situations when someone willfully disregards the instructions of the court, and in response, the court may impose fines or jail time. 

By filing a Motion for Contempt, you can request the court to take legal action for unpaid maintenance. A hearing will then be held, in which the judge will review the case to see if your ex intentionally violated the court order. We can guide you through the paperwork to file a Motion for Contempt and represent you at the hearing, making sure that your concerns are heard.

Contact a Fort Worth, TX Spousal Maintenance Lawyer

It can be frustrating to deal with an ex-spouse who refuses to abide by a court order. At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX family law attorneys can explore your options to recover unpaid maintenance as swiftly as possible. Call us at 817-348-6723 to set up a free consultation.