When your ex-spouse refuses to pay court-ordered alimony in Nevada, you have powerful legal remedies available under NRS 125.150 and NRS 22.010. Nevada courts take spousal support violations seriously—a non-paying spouse faces contempt penalties of up to 25 days in jail per violation, fines up to $500, wage garnishment of 50-65% of disposable income, and property liens. For arrears of $10,000 or more, failure to pay becomes a category C felony under NRS 201.020, punishable by up to 5 years in prison. Unpaid alimony accrues interest at 8.25% annually as of Q1 2026, and these debts cannot be discharged in bankruptcy under 11 U.S.C. § 523(a)(5). This guide explains each enforcement mechanism, the filing process, and what to expect when collecting unpaid spousal support in Nevada.
Key Facts: Nevada Alimony Enforcement
| Category | Details |
|---|---|
| Contempt Filing Fee | $25-$75 (varies by county) |
| Wage Garnishment Limit | 50-65% of disposable income |
| Interest on Arrears | 8.25% per annum (Q1 2026) |
| Criminal Threshold | $10,000+ = Category C felony |
| Jail for Contempt | Up to 25 days per violation |
| Bankruptcy Protection | Non-dischargeable |
| Statute of Limitations | 6 years on each missed payment |
Understanding Alimony Enforcement in Nevada
Nevada alimony enforcement begins the moment your ex-spouse misses a court-ordered payment. Under NRS 125.180, each missed alimony payment automatically becomes a judgment by operation of law from the date it was due. You do not need to file additional paperwork to convert missed payments into enforceable judgments—this happens automatically. The judgment accrues interest at the statutory rate of 8.25% annually (as of Q1 2026 under NRS 99.040), and this interest compounds until the debt is satisfied in full.
Nevada law provides both civil and criminal enforcement mechanisms. Civil remedies include contempt of court, wage garnishment, property liens, and writs of execution. Criminal prosecution becomes available when arrears reach $10,000 or more under NRS 201.020. The choice between civil and criminal enforcement depends on the amount owed, your ex-spouse's assets, and whether they have the ability to pay but simply refuse.
Filing a Motion for Contempt of Court
A contempt motion is the most direct path to enforce unpaid alimony in Nevada. Under NRS 22.010, you can ask the court to hold your ex-spouse in contempt for willfully disobeying a court order. The filing fee for a contempt motion ranges from $25 to $75 depending on your county (as of May 2026—verify with your local clerk). Clark County Family Court handles the highest volume of these motions in Nevada.
To succeed on a contempt motion, you must prove three elements: (1) a valid court order requiring alimony payments exists, (2) your ex-spouse had knowledge of the order, and (3) your ex-spouse willfully failed to comply. The court cannot hold someone in contempt unless they are violating a written order that was signed by the judge, filed with the court, and served on the other party. General bad behavior is not contempt—the violation must be of a specific court order.
The Order to Show Cause Process
The contempt process begins when you file a Motion for Order to Show Cause with the family court. The court will schedule a hearing within 21 days, and your ex-spouse will be served with notice requiring them to appear and explain why they should not be held in contempt. At the hearing, your ex-spouse has the burden to demonstrate they were unable to pay due to circumstances beyond their control. If they cannot justify the non-payment, the court will find them in contempt.
Contempt penalties in Nevada are significant. A judge can impose up to 25 days in jail per contempt finding, fine the non-paying spouse up to $500, and order them to pay your attorney fees incurred in bringing the enforcement action. Many judges use the threat of jail time as leverage—they may find the spouse in contempt but suspend the jail sentence on the condition that payments resume immediately and arrears are paid on an agreed schedule.
Wage Garnishment for Unpaid Alimony
Wage garnishment is often the most effective alimony enforcement tool in Nevada because it removes the need for voluntary compliance. Under NRS 31A.150, the court can issue an income withholding order directing your ex-spouse's employer to deduct alimony payments directly from their paycheck before they ever see the money. This mechanism ensures consistent payment and eliminates excuses about forgetting or being unable to pay.
Nevada law sets specific limits on wage garnishment. Under NRS 31.295, courts can garnish up to 50% of disposable earnings if the obligor is supporting another spouse or child, or 60% if they have no other dependents. If arrears exceed 12 weeks of payments, an additional 5% can be garnished, making the maximum 55% or 65% of disposable income depending on circumstances.
How Income Withholding Orders Work
Once the court issues an income withholding order, the employer must begin deducting the specified amount from each paycheck within 7 days of receiving the order. The employer sends the withheld amount directly to you (or to the court, which then forwards it to you). Employers who fail to comply with withholding orders face their own penalties. The garnishment continues until all arrears are paid and ongoing support obligations end.
Income withholding is particularly valuable when your ex-spouse is employed but claims they cannot pay. The court can garnish wages even if your ex-spouse objects, as long as the garnishment percentage stays within the legal limits. If your ex-spouse changes jobs, you can serve the new employer with the existing withholding order.
Property Liens and Asset Seizure
When wage garnishment is insufficient or your ex-spouse is self-employed or unemployed, Nevada law provides additional enforcement tools through property liens and asset seizure. Under NRS 125.180, you can place a lien on real estate, vehicles, or other assets owned by the delinquent spouse. The lien attaches to the property and must be satisfied before the property can be sold or transferred.
A Writ of Execution is an even more powerful remedy. This court order allows a sheriff or constable to seize your ex-spouse's personal property—including bank accounts, investment accounts, vehicles, and other assets—sell the property at auction, and use the proceeds to pay your alimony arrears. The Writ of Execution can also be used to levy bank accounts directly, freezing the funds and transferring them to you.
Steps to Obtain a Property Lien
To place a lien on real property, you must first obtain a judgment for alimony arrears under NRS 125.180. You then record the judgment with the county recorder in each county where your ex-spouse owns real estate. Once recorded, the lien attaches to the property and appears in title searches, preventing sale or refinancing until the debt is paid. Liens accrue the same 8.25% interest as the underlying judgment.
For personal property and bank accounts, you file a Writ of Execution with the court clerk. The writ is then served on the institution holding the assets (such as a bank) or on a constable who can physically seize tangible property. Bank levies are particularly effective because the bank must immediately freeze the account and turn over funds up to the amount owed.
Criminal Prosecution for Alimony Non-Payment
Nevada treats serious alimony non-payment as a crime under NRS 201.020. The penalties depend on the amount owed: if your ex-spouse owes less than $10,000, failure to pay is a misdemeanor punishable by up to 6 months in jail. If arrears reach $10,000 or more, the offense becomes a category C felony punishable by 1 to 5 years in Nevada State Prison. These criminal penalties apply even after your ex-spouse has been held in civil contempt.
Criminal prosecution requires involvement of the district attorney's office. You would file a complaint with the DA, who decides whether to pursue charges based on the evidence of willful non-payment. Proving criminal liability is harder than civil contempt—the DA must show beyond a reasonable doubt that your ex-spouse had the ability to pay but deliberately refused. A spouse who genuinely cannot pay due to job loss or disability is not criminally liable.
Additional Enforcement Mechanisms
Nevada courts have several other tools to compel alimony payment. The court can suspend your ex-spouse's driver's license until payments resume—a powerful motivator for anyone who needs to drive to work. For ex-spouses who hold professional licenses (doctors, lawyers, contractors, real estate agents), the court can suspend or revoke their license until arrears are paid, effectively preventing them from earning a living in their profession.
The court can also require your ex-spouse to post a bond or security to guarantee future payments. If your ex-spouse has assets but claims they cannot access them to make payments, the court can order the sale of specific assets from the divorce settlement to satisfy alimony obligations. These remedies are available in addition to contempt, garnishment, and liens—you are not limited to choosing just one enforcement method.
What Your Ex-Spouse Can Do to Defend Non-Payment
Your ex-spouse is not criminally liable if they genuinely cannot pay due to circumstances beyond their control. The most common defense is involuntary inability to pay—such as job loss, serious illness, or disability. However, voluntary unemployment or underemployment is not a valid defense. If your ex-spouse quit their job or deliberately took a lower-paying position to avoid alimony, the court will impute income based on their earning capacity and hold them in contempt anyway.
Your ex-spouse can also seek a modification of the alimony order if their financial circumstances have genuinely changed. Under NRS 125.150, a court can modify future alimony payments upon a showing of changed circumstances, including a reduction in the paying spouse's income to the point they are financially unable to pay the ordered amount. However, modification only affects future payments—arrears that have already accrued cannot be modified or forgiven.
The Role of Bankruptcy in Alimony Enforcement
One protection you have as an alimony recipient is that spousal support obligations cannot be discharged in bankruptcy. Under 11 U.S.C. § 523(a)(5), domestic support obligations—including alimony, maintenance, and support—are treated as non-dischargeable debts. This means your ex-spouse cannot file for bankruptcy to escape their alimony obligation. Even if they discharge all their credit card debt, medical bills, and other obligations, they will still owe every dollar of alimony arrears plus interest.
If your ex-spouse files for bankruptcy, the automatic stay that typically halts collection efforts does not apply to domestic support obligations. You can continue enforcement actions including wage garnishment while the bankruptcy case is pending. The bankruptcy court will require your ex-spouse to continue making current alimony payments and may require a plan to pay arrears as part of any Chapter 13 reorganization.
Calculating Your Alimony Arrears and Interest
Accurately calculating arrears is essential before filing an enforcement motion. You should track every missed payment with the date it was due and the amount owed. Under NRS 99.040, interest accrues on each missed payment from its due date at the statutory rate (8.25% as of Q1 2026). The rate adjusts every six months at 2% above the prime rate, so you may need to apply different rates to payments missed in different periods.
For example, if your ex-spouse missed 12 monthly payments of $2,000 each, the principal arrears total $24,000. Interest of 8.25% annually on $2,000 equals approximately $165 per year, or about $13.75 per month. The first missed payment would have accrued the most interest, while the most recent payment would have accrued the least. Bring your calculation to court, showing each missed payment, its due date, and the interest accrued.
Attorney Fees in Enforcement Actions
Nevada law allows the court to award attorney fees to the prevailing party in alimony enforcement actions. Under NRS 125.150, when your ex-spouse defaults on alimony payments, the court may enter judgment for arrears together with costs and a reasonable attorney's fee. This means if you successfully prove contempt, your ex-spouse may be ordered to pay not only the arrears and interest but also your legal costs for bringing the enforcement action.
Family law attorney hourly rates in Nevada range from $200 to $500 per hour as of 2026, with established Clark County practitioners typically billing $300 to $500 per hour. Most attorneys require a retainer of $3,500 to $10,000 for enforcement actions depending on complexity. The prospect of having to pay your attorney fees in addition to arrears provides additional incentive for your ex-spouse to pay voluntarily.
Step-by-Step Guide to Enforcing Unpaid Alimony
Enforcing alimony in Nevada involves specific procedural steps that must be followed correctly. Missing a deadline or filing in the wrong court can delay your case significantly. Here is the process from start to finish:
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Gather documentation of all missed payments including your divorce decree, any modifications, bank records showing non-receipt of payments, and a calculation of total arrears with interest.
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File a Motion for Order to Show Cause with the family court in the county where your divorce was finalized. Pay the filing fee ($25-$75 depending on county).
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Serve your ex-spouse with the motion and hearing notice. Service must comply with Nevada rules—typically personal service by a process server or constable.
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Attend the Order to Show Cause hearing. Present your evidence of non-payment. Your ex-spouse must explain why they should not be held in contempt.
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If the court finds contempt, request specific remedies: wage garnishment, property liens, suspended jail time conditioned on payment, and attorney fees.
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Follow up on enforcement. If wage garnishment is ordered, monitor that payments are actually being deducted. If liens are ordered, record them with the county recorder.
Filing Fees and Court Costs
Nevada does not have uniform statewide filing fees—each of the 17 district courts sets its own fee schedule. For initial divorce filings, Clark County (Las Vegas) charges $364 for a complaint and $328 for a joint petition, while Washoe County charges approximately $326 and Nye County charges $217 for a petition. Post-judgment motions including contempt motions typically cost $25 to $75 depending on the county.
If you cannot afford filing fees, Nevada courts offer fee waivers for individuals whose household income falls below 125% of the federal poverty level (approximately $18,075 for a single person in 2026). You file an Application to Proceed In Forma Pauperis demonstrating your financial need. The court reviews your application and can waive all filing fees if you qualify.