What if my Ex Won’t Pay Court-Ordered Alimony in NJ?

Alimony, also known as spousal support, is a complicated matter. In some cases, a spouse may refuse to pay court-ordered alimony. If this occurs, alimony payments may need to be enforced by a New Jersey judge. Read on to learn more.

Is Refusing to Pay Court-Ordered Alimony Illegal in New Jersey?

Once alimony is ordered by the New Jersey court where your divorce is handled, it is mandatory. As such, a spouse who does not comply with alimony orders can face enforcement proceedings, which can result in financial and legal consequences. It is critical to understand that alimony obligations will continue until a court order terminates payments.

What Are The Different Types Of Alimony In New Jersey?

New Jersey law recognizes a number of different forms of alimony. Understanding the type of award is critical, as enforcement and modification can vary depending on the duration and structure of your alimony award.

Types of Alimony in New Jersey

• Open durational alimony: This is reserved for couples who were married for more than 20 years.
• Limited durational alimony: This is an option for couples who were married for less than 20 years. The alimony obligation period should not be longer than the length of the marriage.
• Rehabilitative alimony: This type of alimony is for the spouse who put his or her career on hold while the other spouse pursued education or work.
• Reimbursement alimony: This type of alimony exists to pay back one spouse who financially supported the other while they pursued their education or training during the marriage.

How Do New Jersey Courts Decide Whether to Award Alimony?

When considering whether or not to award alimony to a requesting party in New Jersey, the courts are required to consider a number of factors in accordance with NJ Rev Stat § 2A:34-23. Judges and the courts will consider the financial needs, earning capacity, and standard of living established during the marriage, among other factors, when making a decision regarding custody.

To make a decision about alimony, a judge will examine the following factors:

• The length of the marriage
• The age and health of each party
• The earning capacity of each party
• The needs of the spouse who is dependent
• The independent party’s ability to provide support for the dependent party
• Whether the dependent party has had a significant absence from the job market
• The equitable distribution of property
• Each spouse’s parental responsibility for any children they may have
• The standard of living that the couple established during the course of the marriage
• Whether there is any income available from investments
• Whether there are any tax implications from spousal support payments

What If My Ex Stops Paying Court-Ordered Alimony?

If your ex refuses to pay court-ordered alimony payments, the court won’t automatically intervene, as it is not responsible for monitoring compliance. As such, the recipient spouse must file a motion to enforce compliance. These proceedings are generally conducted in the county court that issued the initial court order. Couples in Morris County will find their case will generally proceed through the Superior Court of New Jersey, Family Part, in Morris County.

In most instances, the recipient spouse must file a Motion to Enforce Litigant’s Rights in accordance with New Jersey Court Rule 1:10-3. As such, this motion will formally request the court to enforce compliance with current orders. The judge will review the evidence, determine if a violation occurred, and determine what measures are appropriate. If the paying spouse does not appear or provide a valid legal reason behind the non-payment, the court will enter these orders immediately.

Enforcement Remedies Available in New Jersey

• Wage garnishment and income withholding
• Court-ordered payment of arrears
• Liens placed on property
• Monetary sanctions
• Attorney’s fees
• Incarceration for extreme instances of willful noncompliance
• Writ of execution allowing the seizure of bank account funds
• Assessment of interest for overdue alimony payments
• Suspension of driver’s or professional licenses
• Seizure of tax refunds
• Reporting arrears to credit agencies

What If My Former Spouse Claims They Cannot Afford Alimony Payments?

In the event your spouse claims they are unable to afford alimony, it’s necessary to understand they still cannot simply stop paying without a court order terminating their obligation. As such, if their financial circumstances change, ultimately impacting their ability to make payments, they must file a motion for modification. However, until that motion is reviewed and the judge modifies the order, alimony payments remain enforceable.

New Jersey courts cannot change a court order simply because the paying spouse no longer wishes to make payments. Instead, the court will evaluate based on “changed circumstances” when reviewing requests. Commonly accepted changes in circumstances that warrant an alimony modification include:

• Job loss or other involuntary reduction in income
• Serious medical conditions, like injury, illness, or disability
• Retirement (though statutory standards apply)

If no motion has been filed, non-payment is treated as a violation of the court order.

Contact Our Experienced Morris County Alimony Attorneys

If your spouse refuses to make alimony payments in accordance with your divorce settlement, it’s critical to take legal action with the guidance of an experienced New Jersey divorce attorney. At Haber Silver Russoniello & Dunn, we understand the impact that these matters can have. That is why we are committed to helping you fight for the best possible outcome during these difficult times. Connect with our firm today to learn how we can represent you.