Spousal maintenance and child support duties are an integral part of Minnesota divorce agreements. However, as some Twin Cities residents know all too well, oftentimes ex-spouses do not stick to their legal obligations when it comes to these matters.

Statistics from the U.S. Census Bureau recently revealed that less than half of the parents who are supposed to pay child support are paying the full amount. One quarter are not paying anything they owe. Those who have been awarded alimony, or spousal maintenance, may find themselves in a similar situation.

When it comes to child support, the ex-spouse who is not receiving the payments can contact the Minnesota Department of Human Services' Child Support Enforcement Division. The department may then choose to garnish wages; intercept funds, such as tax refunds or workers' compensation payments; place a lien on real estate or vehicles; and even file criminal charges in order to secure payments.

Similar actions can be taken against a spouse who fails to live up to an alimony agreement, but alimony is not usually as easy to recover as child support. This is because there is no state agency in Minnesota that enforces alimony.

Here are a few suggestions on how to recover spousal support payments:

• Be proactive and keep records of the support that has been awarded. You will need this documentation.

• Maintain records of each payment - when you received it and the amount paid.

• If you are in the midst of a divorce, enlist a qualified divorce team in order to come up with an appropriate spousal support settlement in the first place. For example, sometimes an upfront lump sum payment is more suitable than ongoing spousal support.

• If you are still determining a settlement, talk to your attorney about having your spouse sign an agreement allowing you to have access to his or her future credit reports.

• Though there is no state agency to force your ex-spouse to pay up, failing to pay alimony as mandated in a divorce agreement is contempt of court. Therefore, a judge may choose to garnish wages or intercept funds to enforce payment. However, you will have to go to court to prove your case, so you may want to start by contacting your divorce attorney.

Source: Forbes, "How Can a Divorcing Woman Get the Child Support, Alimony She is Owed?" Jeff Landers, Dec. 14, 2011