Spousal Support & Alimony Enforcement Letters

Comprehensive guide to collecting unpaid spousal support when your ex-spouse falls behind on court-ordered payments in California.

Spousal support (alimony) is a court-ordered payment from one spouse to another, designed to address economic disparities after divorce. Unlike child support, spousal support enforcement is typically private - government agencies won't collect it for you unless your case also includes child support. When payments stop, you need to take action yourself or through an attorney.

Key prerequisite: These enforcement tools require a court order for spousal support. If you only have a marital settlement agreement (MSA) that was never filed with the court, or a private agreement, you first need to convert it to a court order. A demand letter can still be effective for private agreements, but formal enforcement requires a judgment.

Why Send a Demand Letter First?

Before filing contempt motions or pursuing wage garnishment, a strategic demand letter serves important purposes:

Purpose Why It Matters
Creates Paper Trail For contempt, you need to prove "willful" non-payment. A demand letter showing the payor knew about arrears and had opportunity to cure strengthens that case.
Faster Than Court Filing motions takes months. A letter demanding payment in 14 days often resolves arrears faster, especially when the payor has funds but treats support as optional.
Attorney Leverage A letter on attorney letterhead signals serious consequences. Many payors need this wake-up call before they'll prioritize payments.
Opens Negotiation Sometimes the payor can't pay everything immediately. A letter offering a payment plan may get money flowing faster than forcing contempt.
Less Adversarial A private demand is less inflammatory than dragging your ex back to court. If ongoing communication is necessary, this preserves some goodwill.

Types of Spousal Support in California

Temporary Support (Pendente Lite)

Ordered during divorce proceedings to maintain the status quo. Calculated by formula (DissoMaster or other guideline software) based primarily on the income differential between spouses. Ends when the divorce is finalized and replaced by permanent support order.

Rehabilitative Support

The most common type. Designed to help the supported spouse become self-supporting within a reasonable time. Duration is typically half the length of the marriage for marriages under 10 years. The court expects the recipient to make reasonable efforts toward employment.

Permanent Support

For long marriages (10+ years, considered "of long duration"), the court may not set an end date. Support continues until the death of either party, remarriage of recipient, further court order, or other terminating event specified in the judgment. Even "permanent" support can be modified if circumstances change significantly.

Gavron warning: California courts often include a "Gavron warning" requiring the supported spouse to make good-faith efforts to become self-supporting. Failure to do so can result in modification or termination. However, this is a defense to future support - it doesn't excuse arrears already owed.

Common Non-Payment Scenarios

1. The "Ability to Pay" Evader

Claims they can't afford payments while maintaining their lifestyle. Drives a nice car, takes vacations, lives well - but suddenly "can't" pay spousal support. This is the clearest case for aggressive enforcement. Document the lifestyle and pursue contempt with evidence of ability to pay.

2. The Retirement Reducer

Retired (or claims to retire) and stopped paying without modifying the order. Retirement can be grounds for modification, but they must actually file - and the original amount is owed until a court changes it. Pension and retirement accounts can be garnished.

3. The "You're Remarried" Confusionist

Your remarriage may terminate support (depending on your order's terms), but the payor can't unilaterally decide this. They must continue paying until a court terminates support. Even if termination is appropriate, all arrears that accrued before termination remain due.

4. The Spite Non-Payer

Uses non-payment as ongoing control or punishment. Often correlates with a new relationship on their side. This behavior often escalates when confronted - be prepared for aggressive enforcement rather than negotiation.

5. The Self-Employed Cash Hider

Runs a cash business, reports minimal income, but lives well. Wage garnishment won't work. You need forensic investigation, income imputation, and contempt based on lifestyle analysis.

6. The Modification Procrastinator

Experienced genuine hardship (job loss, disability) but never filed to modify. They owe every dollar at the original rate until a modification is ordered. Help them understand that filing for modification doesn't help with past arrears - but may prevent further accumulation.

Spousal Support vs. Child Support Enforcement

Factor Spousal Support Child Support
Government assistance Generally none (DCSS won't handle spousal-only cases) Full DCSS assistance available
Bankruptcy Generally dischargeable (with exceptions) Never dischargeable
Interest rate 10% per year (same as child support) 10% per year
Tax treatment Post-2018 orders: Not deductible/taxable
Pre-2019 orders: May be deductible to payor, taxable to recipient		 Not deductible/taxable
Criminal prosecution Possible but rare More common (deadbeat parent laws)
Contempt Full contempt remedies available Full contempt remedies available

California Legal Framework for Spousal Support

Governing Statutes

Interest on Arrears

Unpaid spousal support accrues interest at 10% per year from the date each payment was due. This is simple interest, not compound, but still accumulates significantly over time.

Example calculation:
Monthly support: $3,000
Missed payments: 12 months
Principal arrears: $36,000
Interest (10% on average balance): ~$1,650
Total owed: ~$37,650

For long-standing arrears, interest can approach or exceed the original principal. A $50,000 principal balance from 5 years ago now includes approximately $25,000 in accrued interest.

The Contempt Standard

Contempt is the most powerful enforcement tool - the payor can be jailed for up to 5 days per violation (each missed payment is a separate violation). But contempt requires proving beyond a reasonable doubt:

  1. Valid order existed: Clear, specific support order from the court (judgment, stipulation, or temporary order)
  2. Payor knew of the order: Was personally served, present when ordered, or received actual notice
  3. Payor had ability to pay: Had or could have had the money to pay when due
  4. Willful failure: Consciously chose not to pay despite ability

The "ability to pay" element is where cases are won or lost. The payor's defense will focus on proving they genuinely couldn't pay. Your evidence must show they had the means but chose not to use them for support.

Modification vs. Enforcement

Critical principle: Modifications are prospective only. The court cannot retroactively reduce support that was already due. This means:

No retroactive relief: Unlike some states, California courts have no authority to forgive or reduce spousal support arrears that accrued under a valid order. The payor's only protection is to file for modification immediately when circumstances change.

Termination Events

Spousal support typically terminates upon:

Cohabitation alone doesn't automatically terminate support - it may be grounds for modification, but the payor must file a motion and prove "a change of circumstances."

Bankruptcy Considerations

Unlike child support, spousal support can potentially be discharged in bankruptcy, but only if:

Most properly drafted spousal support orders are non-dischargeable because they're explicitly labeled as support and function as support. If your ex files bankruptcy, consult a family law attorney immediately to protect your claim.

Complete Enforcement Toolkit

Unlike child support, you generally won't have DCSS assistance for spousal support-only cases. You need to drive your own enforcement. Here's the complete arsenal:

Wage Garnishment (Earnings Assignment Order)

How it works: Court order served on employer requiring withholding from each paycheck and direct payment to you (or through the court).

Limits: Up to 50% of disposable earnings can be garnished for spousal support. If combined with child support, the total can reach 65%.

Best for: W-2 employees with stable jobs at identifiable employers.

Weakness: Doesn't work for self-employed, cash workers, or those who change jobs frequently. Payor may quit to avoid garnishment.

Procedure: File an Earnings Assignment Order (form FL-435) with the court, serve on employer.

Bank Account Levy

How it works: Sheriff serves a levy on known bank accounts, freezing funds and transferring to you after a holding period.

Best for: Self-employed payors with identifiable accounts, seizing lump sums (tax refunds, bonuses deposited).

Weakness: Requires knowing where accounts are held. Payor may have moved money. Only captures what's there at the moment of levy.

Procedure: Obtain Writ of Execution from court, instruct Sheriff's Department to levy specific banks.

Real Property Lien

How it works: Record an Abstract of Judgment with the county recorder where payor owns real property. Creates automatic lien on any real estate.

Effect: Property cannot be sold or refinanced without paying off the lien. Can eventually force sale through execution.

Best for: Payors who own real estate and may sell/refinance in the future.

Weakness: Doesn't produce immediate cash. May take years before property is sold. Homestead exemption may protect some equity.

Contempt of Court

How it works: File motion showing willful non-payment. If proven beyond reasonable doubt, payor can be jailed up to 5 days per violation.

Best for: Payors who clearly have ability to pay but refuse. Creates maximum pressure.

Weakness: Must prove ability to pay - difficult if payor has genuinely lost income. Time-consuming court process. Payor in jail can't earn.

Strategic value: Even the threat of contempt often motivates payment. The demand letter's reference to potential jail time is powerful leverage.

Assignment of Retirement/Pension

How it works: If payor has retirement accounts, you may be able to garnish pension payments or access retirement funds for arrears.

QDRO option: If the divorce included a Qualified Domestic Relations Order dividing retirement, that same mechanism can sometimes be used for arrears.

Best for: Retired payors living on pension income.

Till Tap / Business Receivables

How it works: For business owners, a keeper or till tap levy allows the Sheriff to collect cash from the business directly, or intercept payments from the business's customers.

Best for: Cash businesses where the owner claims low income but the business has revenue.

Weakness: Complex, requires knowing about the business, may affect business employees/operations.

Personal Property Execution

How it works: Sheriff can seize and sell non-exempt personal property (vehicles, boats, jewelry, equipment) to satisfy the judgment.

Best for: Payors with valuable tangible assets.

Weakness: Many items are exempt or hard to seize. Liquidation value often disappointing.

Enforcement Strategy by Payor Profile

W-2 Employee with Stable Job

  1. Demand letter with 14-day deadline
  2. If no response, immediate earnings assignment order to employer
  3. Lien on any real property for arrears
  4. Bank levy for lump sum arrears if garnishment only covers current support
  5. Contempt only if they quit job to avoid garnishment

Self-Employed / Business Owner

  1. Demand letter emphasizing forensic investigation and income imputation
  2. Subpoena business bank accounts and financial records
  3. Bank levy on business and personal accounts
  4. Motion to impute income based on lifestyle and business revenue
  5. Till tap or receivables levy if cash business
  6. Contempt with evidence of hidden income

Retired Payor

  1. Demand letter noting retirement doesn't excuse existing arrears
  2. Garnishment of pension payments
  3. Access to retirement accounts for arrears (may require QDRO or execution)
  4. Lien on real property
  5. Negotiate modification of future support while preserving arrears claim

Asset-Rich but "Income-Poor"

  1. Property liens on all real estate
  2. Motion to force sale of non-exempt assets
  3. Bank levies to catch transfers
  4. Contempt based on ability evidenced by assets and lifestyle

Payor Who Filed for Bankruptcy

  1. File proof of claim in bankruptcy immediately
  2. Object to discharge if support obligation is at issue
  3. Most spousal support is non-dischargeable - pursue after bankruptcy closes
  4. Consult bankruptcy attorney to protect your priority claim

Evidence Gathering

Strong evidence wins enforcement cases. Start collecting before you send the demand letter.

Core Documents

☐ Final Judgment of Dissolution with spousal support order

☐ Any Marital Settlement Agreement incorporated into judgment

☐ All modification orders (dates and amounts)

☐ Proof of service showing payor received the order

☐ Any stipulations or court minutes regarding support

Payment Records

☐ Your bank statements showing deposits (or lack thereof)

☐ Copies of any checks received

☐ Venmo/Zelle/PayPal records

☐ Your own ledger of payments with dates and amounts

☐ Any automatic payment records (if previously set up)

☐ Evidence of any partial payments or irregular amounts

Payor's Financial Information

☐ Last known employer and position

☐ Most recent income declarations from divorce

☐ Known bank accounts (from prior discovery)

☐ Real property owned (search county assessor records)

☐ Vehicles owned

☐ Business interests

☐ Investment or brokerage accounts

☐ Retirement account information

Lifestyle Evidence (for Proving Ability to Pay)

☐ Social media posts showing vacations, purchases, activities

☐ Photos of new vehicles, home improvements

☐ Evidence of expensive hobbies or memberships

☐ Information about new spouse/partner's income if commingled finances

☐ Business website or marketing showing active, profitable operation

☐ Public records: property transfers, new business filings, court records

☐ LinkedIn profile showing employment

Communications

☐ Text messages about support payments

☐ Emails regarding payment or excuses

☐ Voicemails (transcribe and save)

☐ Your prior written demands and any responses

☐ Any admissions of ability to pay

☐ Any promises to pay that were broken

Calculating Arrears

Basic Arrears Calculation

Element Amount
Monthly support ordered $[amount]
Months unpaid or underpaid × [number]
Subtotal $[amount]
Less: Partial payments received - $[amount]
Principal arrears $[amount]
Interest at 10% per annum + $[amount]
TOTAL OWED $[amount]

Interest Calculation

Interest accrues from the due date of each payment. For accuracy, calculate interest separately for each missed payment. For demand letter purposes, a reasonable approximation is acceptable.

Simplified interest estimate: For a rough calculation, take the average outstanding balance over the period and multiply by 10% per year. Example: If arrears grew from $0 to $24,000 over 12 months, average balance is ~$12,000. Interest ≈ $12,000 × 10% × 1 year = $1,200.

Strategic Considerations

When to Offer a Payment Plan

Not every case should be "pay in full or face contempt." Consider a payment plan when:

Effective Payment Plan Structure

  1. Immediate good-faith payment: Substantial down payment (25-50% of arrears) within 14 days
  2. Current support: Full monthly amount paid on time going forward
  3. Arrears paydown: Additional amount monthly until caught up
  4. Windfalls: Tax refunds, bonuses, inheritance applied to arrears
  5. Default clause: Any missed payment makes full balance immediately due
  6. Stipulation filed with court: Makes the agreement enforceable as a court order

When to Skip the Letter and Go to Court

Modification Considerations

If the payor genuinely cannot pay due to changed circumstances, sometimes the best strategy is:

  1. Preserve your claim for arrears in full (they still owe everything through today)
  2. Negotiate a reduced ongoing support amount going forward
  3. Structure a payment plan for arrears that's actually realistic

This approach may get you more money long-term than fighting over an uncollectable judgment.

Demand Letter Templates

Template 1: Standard Arrears Demand

Use when: Payor has fallen behind but relationship isn't completely adversarial. Firm but professional.

Re: Spousal Support Arrears [Your Name] v. [Payor Name] [Court Name], Case No. [Number] Dear [Payor Name]: I represent [Client Name] regarding your spousal support obligation under the Judgment of Dissolution entered on [date] in [Court Name], Case No. [case number]. THE ORDER The Judgment requires you to pay $[amount] per month in spousal support to [Client Name], due on the [1st/15th] of each month. [If modified: This order was modified on [date] to $[amount] per month.] A copy of the relevant order is attached. THE ARREARS You have failed to make payments as ordered. As of [date], you are in arrears as follows: Months of non-payment or underpayment: [list or summary] Principal arrears: $[amount] Interest at 10% per annum (CCP § 685.010): $[amount] TOTAL ARREARS: $[amount] This balance continues to accrue interest at approximately $[daily amount] per day. YOUR OPTIONS I am writing to give you an opportunity to resolve this matter before my client pursues formal enforcement: Option 1 - Pay in Full: Pay $[total amount] within 14 days. Payment should be made by [cashier's check/wire transfer] to [payment details]. Option 2 - Payment Plan: If you cannot pay the full amount immediately, contact me within 7 days to propose a reasonable payment plan that includes: (a) an immediate good-faith payment of at least $[amount]; (b) full current monthly support going forward; and (c) additional monthly payments toward arrears. CONSEQUENCES OF NON-PAYMENT If you do not respond or fail to make satisfactory arrangements, my client will pursue all available enforcement remedies, including: • Earnings assignment order served on your employer • Levy on your bank accounts • Lien on any real property you own • Motion for contempt of court—each month of willful non-payment is punishable by up to 5 days in jail • Execution on personal property and other assets Spousal support is a legal obligation, not optional. Please contact me immediately at [phone/email] to resolve this matter. This letter is not intended to waive any rights or remedies, all of which are expressly reserved. Very truly yours, [Attorney Name] [Bar Number] [Contact Information] Enclosure: Spousal Support Order

Template 2: Aggressive Demand - Lifestyle Evidence

Use when: Payor claims inability but is clearly living well. You have evidence of their lifestyle.

Re: FINAL DEMAND - Spousal Support Arrears [Your Name] v. [Payor Name] - Case No. [Number] ARREARS: $[amount] AND ACCRUING SENT VIA CERTIFIED MAIL AND EMAIL Dear [Payor Name]: I represent [Client Name] regarding your willful failure to pay court-ordered spousal support. CHRONIC NON-PAYMENT Despite the [Court Name] order requiring you to pay $[amount] per month, you have made no payments since [date]. You now owe $[amount] in principal arrears, plus accruing interest at 10% per year. YOUR ABILITY TO PAY Your claims of financial hardship are not credible. We are aware that you: [Continue to work at/operate [employer/business]] [Recently purchased/leased [vehicle, describe]] [Own real property at [address(es)]] [Traveled to [destination] on [dates]] [Maintain membership at [club/organization]] [Display lifestyle on social media inconsistent with claimed poverty] You have the ability to pay. You are choosing not to. THIS IS YOUR FINAL OPPORTUNITY You must take ONE of the following actions within 10 days: 1. Pay $[total amount] in full by cashier's check or wire transfer; OR 2. Contact me with a credible payment plan including at least $[amount] immediately (approximately [X]% of arrears), with the balance paid over no more than [X] months. CONSEQUENCES OF CONTINUED REFUSAL If you do not respond, we will immediately pursue: CONTEMPT OF COURT: Each month of non-payment is a separate count of contempt, punishable by up to 5 days in county jail per count. With [X] months of arrears, you face up to [X × 5] days in jail. We will present evidence of your lifestyle and ability to pay. WAGE GARNISHMENT: Your employer will be ordered to withhold up to 50% of your disposable income. ASSET SEIZURE: We will levy your bank accounts, file liens on your real property, and execute on your assets. FORENSIC INVESTIGATION: If you continue to hide income, we will subpoena your financial records, depose you under oath, and pursue income imputation. My client supported your career during the marriage. You agreed to this support. Pay what you owe. [Attorney Name]

Template 3: Retired Payor

Use when: Payor retired and stopped/reduced payments without modifying the order.

Re: Spousal Support Arrears Following Retirement [Case Name and Number] Dear [Payor Name]: I represent [Client Name] regarding spousal support arrears that have accrued since your retirement. THE CURRENT SITUATION I understand you retired from [employer/position] in approximately [date]. Since that time, you have [stopped paying/reduced payments to $[amount]] without any modification of the court order. The [Court Name] order from [date] requires payment of $[amount] per month. That order remains in full effect. Your retirement, without a court-ordered modification, does not change your obligation. ARREARS CALCULATION From [date of retirement/non-payment] through [current date], you owe: Ordered amount: $[amount]/month × [X] months = $[amount] Payments made: $[amount] Principal arrears: $[amount] Interest at 10%: $[amount] TOTAL: $[amount] MODIFICATION DOES NOT ELIMINATE ARREARS You may be entitled to a modification of support based on your retirement. However: • You must file a motion to modify—you cannot unilaterally reduce or stop payments • Any modification is prospective only—from the date you file, at the earliest • All arrears that accrued before modification remain due in full with interest • If you retired months ago without filing, you owe the full amount for that entire period THE DEMAND 1. Pay the current arrears of $[amount] within 21 days; AND 2. Resume full monthly payments of $[amount] immediately; OR 3. Contact me within 7 days to discuss a payment plan for arrears while you pursue modification for future support. ENFORCEMENT If we do not hear from you, my client will pursue: • Garnishment of your pension payments • Levy on retirement accounts to satisfy arrears • Lien on your real property • Contempt proceedings Your retirement is a life change—but it does not excuse the support obligation until a court says otherwise. [Attorney Name]

Template 4: Payment Plan Proposal

Use when: Client prefers resolution over litigation; payor may have limited but real ability to pay.

Re: Spousal Support Arrears - Proposed Resolution [Case Name and Number] Dear [Payor Name]: I represent [Client Name] regarding spousal support arrears of $[amount]. My client recognizes you may be experiencing financial difficulties and is willing to consider a structured payment plan rather than immediately pursuing enforcement. This offer requires your good-faith participation. PROPOSED TERMS 1. IMMEDIATE PAYMENT: $[amount] (approximately [X]% of total arrears) within 14 days of this letter. This demonstrates your commitment to resolution. 2. CURRENT SUPPORT: Beginning [date], full monthly payment of $[amount] due on the 1st of each month, paid on time. 3. ARREARS PAYDOWN: Additional $[amount] per month toward arrears, paid with your regular monthly support, until the balance is satisfied. At this rate, arrears will be paid in approximately [X] months. 4. WINDFALL PROVISION: [50%] of any tax refunds, bonuses, inheritance, or other lump sums exceeding $[threshold] shall be applied to arrears within 14 days of receipt. 5. AUTOMATIC DEFAULT: If you miss any payment by more than 7 days, the ENTIRE REMAINING BALANCE becomes immediately due. My client will pursue all enforcement remedies without further notice. COURT APPROVAL If you agree to this plan, we will prepare a written stipulation to be filed with the court, making it an enforceable order. This protects both parties. DEADLINE Respond within 14 days. If we do not hear from you, or if you reject this proposal without offering a reasonable alternative, my client will proceed with wage garnishment, asset levy, and contempt proceedings. My client prefers resolution over continued conflict. But she will not accept indefinite delay. If you want to resolve this amicably, act now. [Attorney Name]

Template 5: Pre-Contempt Final Warning

Use when: Prior demands have been ignored; preparing to file contempt motion.

FINAL NOTICE BEFORE CONTEMPT FILING Re: [Your Name] v. [Payor Name] Case No. [Number] ARREARS: $[amount] SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Dear [Payor Name]: This is your final warning before we file a motion for contempt of court. BACKGROUND I represent [Client Name]. Despite multiple demands dated [list prior demand dates], you have failed to pay court-ordered spousal support or even respond to our correspondence. You now owe $[amount] in arrears, with interest accruing daily. CONTEMPT CONSEQUENCES We are prepared to file a contempt motion within 10 days. If the court finds you in contempt, you face: • UP TO 5 DAYS IN JAIL for each month of willful non-payment. With [X] months of arrears, that is up to [X × 5] days. • ATTORNEY'S FEES: You will be ordered to pay my client's costs of bringing this motion. • A JUDGMENT that can be enforced against your wages, bank accounts, and property for years. • A PERMANENT RECORD of being held in contempt of court. LAST CHANCE You must take ONE of the following actions within 10 DAYS: 1. Pay $[amount] in full; OR 2. Contact me with a substantial immediate payment (at least $[amount]) and a binding commitment to pay the balance. If we do not receive payment or hear from you by [specific date], we will file the contempt motion without further notice. You will be served and ordered to appear in court to explain your willful violation. You made a commitment when you signed the divorce judgment. The court will hold you to it. [Attorney Name] [Contact Information] cc: [Court Name] Family Law Department [optional - for additional pressure]

Not Getting Your Spousal Support?

I help former spouses in California enforce spousal support orders and collect arrears. Here's what I can do for you:

  • Analyze your case and calculate total arrears with interest
  • Draft and send a formal demand letter via certified mail
  • Negotiate enforceable payment plans
  • Prepare and file earnings assignment orders
  • Execute on wages, bank accounts, and property
  • File and prosecute contempt motions
  • Subpoena financial records of evasive payors
  • Coordinate complex enforcement against business owners
Typical costs:
• Demand letter with certified mail: ~$450 (includes arrears calculation and initial follow-up negotiations)
• Payment plan negotiation and stipulation: ~$450-900 depending on complexity
• Earnings assignment order preparation and filing: ~$450
• Contempt motion and hearing: ~$240/hour
• Complex enforcement (subpoenas, asset discovery): ~$240/hour

Schedule a Consultation

Book a paid consultation to discuss your situation.

Email: owner@terms.law