When an ex-spouse stops paying court-ordered alimony, the financial impact can be devastating. You have legal remedies available to enforce your rights and collect the support you’re entitled to receive. This guide explains your options for alimony enforcement in NJ and how Law Office of Andrew A. Bestafka, Esq. helps recipients in Freehold and surrounding areas take action.
Why Choose Law Office of Andrew A. Bestafka, Esq. for Alimony Enforcement
When you need to enforce an alimony order, you deserve representation from someone who understands New Jersey family law and has a proven track record of results. Law Office of Andrew A. Bestafka, Esq. has spent over 10 years helping clients with family law matters, including alimony enforcement. Mr. Bestafka has been recognized as one of the 10 Best Firms in Client Satisfaction by the American Institute of Family Law Attorneys™ and has served on committees of the New Jersey State Bar Association and Monmouth Bar Association. We focus on each case with diligence and dedication, working to pursue favorable outcomes for our clients. See our client testimonials to learn how we’ve helped families in your situation.
Understanding Alimony Orders in New Jersey
Alimony is court-ordered financial support that one spouse pays to the other after divorce or separation. New Jersey courts determine alimony based on several statutory factors, including the length of the marriage, each spouse’s income and earning capacity, and the standard of living during the marriage.
In 2014, New Jersey replaced ‘Permanent Alimony’ with ‘Open Durational Alimony.’
- Marriages under 20 years: The duration of payments generally cannot exceed the length of the marriage.
- Marriages 20 years or longer: The court may award Open Durational Alimony, which typically continues until the paying spouse reaches full retirement age.
Understanding these distinctions is critical for knowing when your support should end. Learn more about temporary alimony options available in New Jersey.
When Your Ex-Spouse Stops Paying Alimony
Non-payment of alimony happens for various reasons. Sometimes an ex-spouse experiences financial hardship. Other times, they simply refuse to pay despite having the ability to do so. Regardless of the reason, unpaid alimony creates arrears—the accumulated amount owed—and interest accrues on top of that.
Taking action quickly matters. The longer you wait, the larger the debt becomes. Courts take alimony non-payment seriously, and New Jersey provides multiple enforcement tools to help you collect what you’re owed. The first step is often informal communication and documentation of missed payments. If informal efforts fail, alimony enforcement through the court system becomes necessary. Understanding your legal remedies is essential to protecting your financial interests.
Legal Remedies for Unpaid Alimony in New Jersey
Filing a Motion for Enforcement
A motion for enforcement is a formal request to the court to compel your ex-spouse to pay. You’ll need to document all missed payments and provide evidence of the original alimony order. The court reviews your motion and may schedule a hearing where both parties can present their case. If the judge finds that your ex-spouse is not complying with the order, the court can order them to pay the arrears plus interest and potentially your attorney’s fees. This is one of the most common alimony enforcement remedies available in New Jersey family law.
Income Withholding Orders
Income withholding orders, also called wage garnishment, automatically deduct alimony from your ex-spouse’s paycheck. The employer sends the payment directly to you or to the court. This method is highly effective because it removes the need for your ex-spouse to voluntarily pay. Once an income withholding order is in place, compliance is automatic. This remedy is similar to child support enforcement mechanisms used in family law. Income withholding is often the most reliable way to ensure consistent alimony payments.
To establish an income withholding order, the court typically requires payments to be administered through the New Jersey Probation Division. If your current arrangement is ‘direct pay,’ your attorney can file a motion to convert the payments to Probation, ensuring wage garnishment is implemented immediately.
Contempt of Court Proceedings
If your ex-spouse willfully violates the alimony order, the court can find them in contempt of court. Contempt carries serious consequences, including fines and even jail time. Courts use contempt proceedings when they determine that non-payment is intentional and not due to a genuine inability to pay. Understanding the severity of contempt charges can motivate compliance with court-ordered alimony.
Asset Seizure and Liens
The court can place a lien on your ex-spouse’s property, including real estate or vehicles. A lien gives you a legal claim against the property. If your ex-spouse sells the property, the lien must be satisfied from the sale proceeds. The court can also order the execution and sale of assets to satisfy the debt. This enforcement method is particularly effective when your ex-spouse has significant assets but refuses to pay alimony obligations.
Tax Refund Interception
While highly effective for child support, tax refund interception is more limited for alimony cases. Generally, federal tax refunds can only be intercepted if the alimony is bundled with a child support order enforced by the Probation Department. However, New Jersey state-level offsets (such as lottery winnings or state homestead rebates) may still be available to collect spousal support arrears.
Additional Enforcement Tools Available
New Jersey courts have other enforcement options at their disposal. Driver’s license suspension can pressure non-paying ex-spouses to comply. Professional license suspension may apply if your ex-spouse holds a license in their field. The court can report arrears to credit agencies, damaging your ex-spouse’s credit score. Bench warrants can be issued for failure to appear at enforcement hearings. Interest accrues on unpaid amounts, increasing the total debt. Finally, you can recover attorney’s fees and court costs from your ex-spouse, making enforcement more affordable. For more information about these tools, consult with a family law attorney experienced in alimony enforcement.
Frequently Asked Questions About Alimony Enforcement
How long does it take to enforce an alimony order?
The timeline varies depending on how contested the enforcement is. If your ex-spouse cooperates and acknowledges the debt, enforcement can happen relatively quickly. If they dispute the amount owed or claim inability to pay, the process takes longer. Each case is unique, and Law Office of Andrew A. Bestafka, Esq. can provide a timeline estimate after reviewing your specific situation. Contact us for a consultation about alimony enforcement.
Can alimony orders be modified if circumstances change?
Yes. If your ex-spouse’s financial circumstances change significantly—such as job loss, retirement, or a substantial income reduction—they can request modification of the alimony order. Similarly, if your circumstances change, you may be able to request an increase. The court evaluates whether the change is substantial and permanent before modifying the order. Learn more about modifying alimony and temporary alimony modification options.
What if my ex-spouse claims they cannot pay?
The court distinguishes between “cannot pay” and “will not pay.” If your ex-spouse genuinely cannot afford alimony due to unemployment or disability, the court may temporarily suspend payments or reduce the amount. However, if they have the ability to pay but refuse, the court can enforce the order through the remedies described above. False claims of inability to pay can result in contempt findings. Understanding this distinction is crucial in alimony enforcement cases.
Can I collect arrears and interest?
Absolutely. Unpaid alimony accumulates as arrears, and interest accrues on those arrears according to New Jersey law. You can pursue the collection of both the original unpaid amounts and the interest that has accumulated. This is one reason why taking action quickly is important—the longer you wait, the larger the total debt becomes. Consult with an alimony enforcement attorney to understand your options.
What happens if my ex-spouse leaves New Jersey?
Interstate enforcement is possible through the Uniform Interstate Family Support Act (UIFSA). This law allows you to enforce an alimony order across state lines. Federal enforcement tools are also available for cases involving significant arrears. Law Office of Andrew A. Bestafka, Esq. can help you navigate interstate enforcement if your ex-spouse has relocated.
Do I need an attorney for alimony enforcement?
While you can file a motion for enforcement yourself, having legal representation significantly improves your chances of success. Enforcement procedures are complex, and courts expect proper documentation and legal arguments. An attorney ensures your case is presented effectively and helps you understand your options. The cost of representation is often recovered through the attorney’s fees awarded by the court. Contact Law Office of Andrew A. Bestafka, Esq. to discuss your alimony enforcement case.
Take Action to Enforce Your Alimony Order
Unpaid alimony doesn’t have to remain uncollected. New Jersey provides multiple legal tools to help you enforce your rights and collect the support you deserve. Whether your ex-spouse has recently stopped paying or arrears have accumulated over time, Law Office of Andrew A. Bestafka, Esq. can help you pursue enforcement.
Contact Law Office of Andrew A. Bestafka, Esq. today at (732) 898-2378 to discuss your situation. We’ll review your alimony order, evaluate your enforcement options, and develop a strategy to collect what you’re owed. Don’t let unpaid alimony go unaddressed—take action now. Schedule your free consultation with our Freehold family law team.