By: RCG Law Group September 15, 2025

What To Do When Your Ex-Spouse Stops Paying Alimony in Utah

What Are the First Steps I Should Take to Document Non-Payment?

Your ex-spouse has missed a payment. You need to act, but you may not be sure where to begin. Simply waiting or sending angry texts creates a messy record and weakens your position later. Without clear documentation, the situation devolves into a “he said, she said” argument, which only complicates the legal process and adds unnecessary delays. The first step is to create a clear, unemotional paper trail. This provides the solid foundation for any future legal action and shows the court that you are approaching the situation methodically and seriously.

Create a Detailed Payment Ledger

Use a simple spreadsheet or a dedicated notebook to track all payments. For each payment, you should record:

The date the payment was due.
The full amount that was due.
The date the payment was actually received (or if it was missed entirely).
The amount that was paid, if any.
A running total of the amount in arrears, which is the total overdue amount. This precise number is exactly what a judge will need to see.

Review Your Divorce Decree

Locate the exact section in your divorce decree that outlines the alimony obligation. This document is the legal basis for your claim. Carefully confirm the specific payment amount, the due dates, and the method of payment specified by the court (e.g., direct deposit, check).

Send a Formal, Written Request

Even if you have already spoken to your ex-spouse, it is wise to send a brief, professional letter or email. Do not use emotional or accusatory language. Your goal is to create a record, not to escalate the conflict. A simple, factual statement is best: “Per our divorce decree dated [Date], an alimony payment of [Amount] was due on [Date]. As of today, it has not been received. Please remit payment immediately.” This simple step demonstrates to the court that you made a good-faith effort to resolve the issue before seeking judicial intervention.

How Does the Court Force My Ex-Spouse to Pay?

When informal requests for payment are ignored, the Utah courts offer powerful legal tools to compel your ex-spouse to comply with the order. These tools are legally binding actions that directly access your ex-spouse’s finances and assets.

Filing a Motion for Order to Show Cause

Oppressed red-haired woman signs document on deprivation of guardianship. Concept of deprivation of rights to child custody. Registration of guardianship of little girl. This motion is the formal start of the enforcement process. We file a document with the court that clearly explains how your ex-spouse has violated the terms of the divorce decree by failing to pay alimony. The court then issues an order that requires your ex-spouse to appear at a hearing and “show cause,” or in other words, provide a legal reason why they should not be held in contempt for their failure to follow a court order.

The Contempt of Court Hearing

At this hearing, a judge will review all the evidence, including your payment ledger, the divorce decree, and any communication you have had regarding the missed payments. If the judge finds that your ex-spouse willfully violated the order—meaning they had the ability to pay but chose not to—they will be held in contempt. A contempt finding leads directly to concrete results that get you the money you are owed. The court takes several actions:

Obtaining a Money Judgment: The judge will issue a formal judgment for the full amount of the unpaid alimony, plus interest. In many cases, the court may also order your ex-spouse to pay for your alimony attorney‘s fees since you were forced to bring the motion.
Implementing a Wage Garnishment: A court order is sent directly to your ex-spouse’s employer, who is then legally required to withhold a portion of their paycheck and send it directly to you or the state for disbursement to you. This creates an automatic and consistent payment stream, removing your ex-spouse from the process.
Placing Liens on Property: A lien is placed on your ex-spouse’s property, such as a house, land, or vehicle. This means they cannot sell or refinance that property without first paying the alimony debt owed to you.
Levying Bank Accounts: The court also authorizes a direct withdrawal from your ex-spouse’s bank accounts to satisfy the judgment for the past-due amount.

How Do We Handle More Complicated Situations?

Alimony enforcement is not always straightforward. Certain factors add layers of complexity to the process. However, the law has procedures in place to address these challenges.

What If My Ex-Spouse Moved Out of State?

This does not stop our ability to enforce the order. We use a law called the Uniform Interstate Family Support Act (UIFSA). Simply put, this act allows us to register your Utah divorce decree in the state where your ex-spouse now lives. Once registered, the courts in that state have the authority to enforce it using their own methods, including wage garnishment in that new state.

What If My Ex-Spouse Claims They Can’t Afford to Pay?

This is a common claim. If your ex-spouse has had a substantial and involuntary change in circumstances, such as a long-term job loss or a serious medical issue, they must formally petition the court for a modification of alimony agreements. They cannot simply decide on their own to stop paying or to pay a reduced amount. Until a judge officially modifies the order, the original amount is still legally due and enforceable. If they make this claim, we will investigate their financial situation. We request financial documents like pay stubs, tax returns, and bank statements to verify their income and ability to pay. Which is also an important part of financial planning before divorce.

What If My Ex Is Self-Employed or Paid in Cash?

This makes enforcement more complex, but not impossible. While a standard wage garnishment may not be an option, we use other powerful tools like bank account levies and property liens. We may also conduct a post-judgment discovery process, where we legally require your ex-spouse to produce financial records and sit for a deposition to identify sources of income and hidden assets.

Frequently Asked Questions About Alimony Enforcement in Utah

How long does it take to enforce an alimony order?

The timeline varies depending on the court’s schedule and the complexity of the case. Typically, a hearing is set within one to three months of filing the motion.

Can I get my attorney’s fees paid for?

Yes, in many cases. Utah law allows a judge to order the non-compliant party to pay the other party’s reasonable family law attorney fees incurred in enforcing the order.

Is there a statute of limitations on collecting unpaid alimony?

In Utah, a judgment is generally enforceable for eight years. However, the judgment is renewable, so it’s important to act promptly. Don’t wait years to pursue back payments.

My ex just remarried. Do they still have to pay alimony?

Under Utah law, the obligation to pay future alimony automatically terminates if the recipient remarries. However, your ex is still responsible for paying any alimony that was due before you remarried.

What if my ex files for bankruptcy?

Domestic support obligations, which include alimony, are generally not dischargeable in bankruptcy. This means your ex-spouse will still owe you the money even after the bankruptcy case is over.

Restoring Your Financial Stability with RCG Law Group

If you are ready to enforce your alimony order or know your options, call us today at (801) 893-2887.

Schedule Your Free Consultation