What Happens If My Ex Refuses to Pay Alimony in Wisconsin?

 Posted on July 31, 2025 in Alimony

Spousal support, also known as maintenance or alimony, is often a key part of divorce settlements in Wisconsin. When one spouse is ordered to pay support, it is typically because the other spouse needs help maintaining a similar standard of living after the marriage ends.

When one ex simply refuses to pay, it can lead to significant financial stress and frustration. Wisconsin law has options for enforcing the court order and holding your ex accountable. A Milwaukee, WI spousal support attorney can help guide you through the process and ensure your rights are protected.

How Do You Legally Enforce Spousal Support Payment in Wisconsin?

If your ex has stopped paying court-ordered spousal support, you can go back to court to ask for enforcement. Under Wis. Stat. § 767.77, there are several actions the court can take to enforce the payment of maintenance. You can file a motion to enforce the order, and the court may schedule a hearing where both parties present evidence. The judge could then order your ex to pay what is owed, often called arrears. If the judge believes your ex had the ability to pay but chose not to, the court may also impose penalties. These can include fines, jail time, or other legal consequences. In some cases, the court may also issue a separate judgment for the unpaid amount, which can lead to liens against property or other forms of debt collection.

Can Spousal Support Be Garnished From Wages in Wisconsin?

Wage garnishment is one of the most common methods for collecting unpaid spousal support. According to Wis. Stat. § 767.75, courts can order income withholding as soon as the spousal support order is issued. This means that your ex’s employer might be required to withhold a portion of their paycheck and send it directly to you. If your ex has stopped paying voluntarily, you can request the court to activate or adjust this withholding.

Wage garnishment ensures timely and consistent payments, and it removes the burden of relying on your ex to pay on their own. In addition to regular payments, wage withholding can also be used to collect overdue amounts.

What Does It Mean To Be Held in Contempt for Not Paying Spousal Support?

If your ex continues to ignore the court’s orders, they may be held in contempt. Under Wis. Stat. § 785.01, contempt of court occurs when someone disobeys a court order without a valid excuse. 

If found in contempt, your ex may face serious consequences, including jail time, fines, or both. The court’s goal is not just to punish but to force compliance with its orders. Sometimes, the court gives the paying spouse an opportunity to make a payment before sentencing them to jail.

Contempt proceedings are often effective because they show the court is serious about enforcing its orders. They also provide a structured process for getting back the money you are owed.

Contact a Waukesha County, WI Spousal Support Attorney Today

If your ex is not paying the spousal support you are legally owed, experienced legal guidance can make a difference. The Milwaukee County, WI spousal support lawyers at Bucher, Wolff & Sonderhouse, LLP can help you take steps to enforce the order. Our attorneys are known for their ability to work effectively with both judges and opposing counsel, helping clients achieve strong outcomes even in tough cases. 

With a proven track record in the courtroom and a reputation for success, we are prepared to advocate for your rights and pursue the results you deserve. Contact us today at 262-232-6699 to schedule a free consultation. We are available 24/7 to serve our clients.