Ex not paying alimony

[divorced mom]

My ex has lost yet another job and is refusing to pay alimony.  My attorney is working to put together all we need to take him to court on contempt.  My question - it's been 5 months since he stopped paying alimony.  Is there a timeframe in the state of Alabama when it's too late to take action and his actions become the precedent?  My attorney tells me it's not a problem, but I've also heard about specific timeframe to respond.  Can you clarify?  Thanks.

[m_t]

I suspect that any limiting timeframe would be a matter of years, not months. So your lawyer is most likely right.

[CollegeDad]

There is a timeframe when it comes to judgments at the end of a court case for example when you were divorced and the judge issued an order about your divorce.  You have 42 days to file an appeal in that situation. 

But, when it comes to enforcing your order, you have to do the work required to hold your ex to the decree.  You have to bring the matter back before the judge soon as your ex is not following the order.  Usually, the judge will go back to the time that you first notified the court of the infraction.  If you sit on things and wait to notify the court that your ex is not adherring to the ordered decree, then the judge may or may not cover you during the time that you did not bring it to the court.  As long as you have notified the court, then it does not matter how long it takes the matter to come before the judge.  You will be covered from the time that you raised the contempt issue. 

Of course, it does matter to you, when you are falling short on expenses and trying to make ends meet, as to how long it takes to come before the judge.  The important thing is to start that process as soon as possible. 

[Lee Borden]

Hmmm. There may be another perspective worth talking about here. I'm not sure I would charge into a contempt hearing when your Ex has the strongest hand in defeating it, i.e. when he is least able to comply with the judge's order because he has lost his job. Unless you think he's going to keep his income permanently lower, I would consider waiting until he gets another job and THEN file. Talk with your attorney about it. And I agree with m_t and your attorney; there's no requirement that you file right away to preserve your claim.