When a former spouse stops making court-ordered payments, it creates immediate financial stress. Dealing with unpaid alimony in New Jersey requires a clear understanding of your legal rights. Additionally, you must know the specific procedural steps to restore your financial support. The Superior Court of New Jersey mandates alimony; it is not a voluntary contribution. If your ex-spouse fails to comply, the legal system provides several mechanisms to enforce the order. These tools help you recover the funds you are owed.
Why Choose Law Office of Andrew A. Bestafka, Esq. for Your Alimony Enforcement Case?
Handling the details of family court requires a steady hand and deep local knowledge. Law Office of Andrew A. Bestafka, Esq. has served the Freehold community and surrounding areas for over 14 years. Our legal team focuses primarily on the nuances of New Jersey family law. Andrew A. Bestafka, Esq., is an active member of the New Jersey State Bar and Monmouth Bar Association committees. This involvement helps the firm stay at the forefront of evolving legal standards.
The American Institute of Family Law Attorneys recognized Law Office of Andrew A. Bestafka, Esq. as one of the “10 Best Firms in Client Satisfaction.” This recognition reflects a commitment to providing clients with a clear roadmap during difficult transitions. When you face the challenge of non-payment, you need a team that understands the local court systems. Our attorneys advocate for your rights in Monmouth, Ocean, and Middlesex counties.
Understanding Alimony as a Court Order in New Jersey
In New Jersey, a Final Judgment of Divorce or a Property Settlement Agreement (PSA) establishes alimony as a legal obligation. Once the court signs these documents, the payment terms become a formal order. This means the paying spouse does not have the discretion to decide when or if they will pay.
The court views alimony as a tool to maintain the standard of living established during the marriage. Because it is a direct order from a judge, the court considers any failure to pay a violation of “litigant’s rights.” The legal system treats these violations seriously. They undermine the authority of the court and the financial stability of the recipient.
What Counts as Non-Payment of Alimony?
Non-payment is not always a total cessation of funds. It can take several forms, all of which may warrant legal action:
- Total Cessation: The paying spouse stops sending any money at all.
- Partial Payments: The spouse sends only a portion of the ordered amount. They may claim they cannot afford the full total.
- Chronic Lateness: Payments arrive weeks or months late. This disrupts your ability to pay your own bills.
The legal system refers to the overdue amount as “arrears.” In New Jersey, alimony arrears generally do not disappear. They continue to accumulate until the full balance is paid or a judge modifies the order.
Immediate Steps to Take When Alimony Payments Stop
If your ex-spouse stops paying, your first instinct might be to panic. However, taking organized, strategic steps will help your case in the long run.
- Document Everything: Keep a detailed log of every missed or partial payment. Save bank statements and print out any communication where your ex-spouse discusses the payments.
- The 30-Day Rule: You can technically file for enforcement after one missed payment. However, many practitioners suggest waiting until the failure to comply is consistent. This demonstrates to the court that the issue is a consistent failure to comply.
- Avoid “Self-Help”: Never attempt to “punish” your ex-spouse by withholding court-ordered visitation with children. In the eyes of the law, alimony and child visitation are separate issues. Withholding visitation could lead to the court sanctioning you.
Filing a Motion for Enforcement in New Jersey
When informal communication fails, the primary legal remedy is filing a “Notice of Motion to Enforce Litigant’s Rights.” This formal request asks the court to compel the other party to follow the existing order.
During this process, you must provide the court with proof of the existing order. You also need evidence of the non-payment. Once the motion is filed, the court will schedule a hearing. In Monmouth County, these hearings allow a judge to review the facts. If the judge finds that the paying spouse can pay but chooses not to, they will issue an enforcement order.
Legal Tools the Court Uses to Enforce Alimony Payments
New Jersey judges have a wide range of tools to help you receive your support. The court’s goal is to make the recipient “whole” again.
Income Withholding and Wage Garnishment
One of the most effective tools is an Income Withholding Order. The court can direct the paying spouse’s employer to deduct the alimony amount directly from their paycheck. The employer sends this money to the New Jersey Family Support Payment Center. This center then distributes it to you. This removes the “human element” and helps maintain consistency.
Asset Seizure and Tax Refund Interception
If the paying spouse is self-employed or has significant assets, the court may order the seizure of bank accounts. They may also place liens on real estate. Additionally, the state can intercept federal and state tax refunds to satisfy alimony arrears.
Consequences of Ignoring Alimony Orders
The legal system imposes strict penalties on those who ignore their financial obligations. Beyond simply paying the arrears, the non-paying spouse may face additional burdens.
Contempt of Court and Bench Warrants
If a spouse repeatedly ignores enforcement orders, the judge may find them in “contempt of court.” In extreme cases, the court can issue a bench warrant for their arrest. Authorities may hold the individual in jail until they pay a specific “purge amount.”
Driver’s License and Professional License Suspension
To encourage compliance, New Jersey law allows for the suspension of various licenses. This includes driver’s licenses, hunting or fishing licenses, and even professional licenses. The threat of losing the ability to work or drive often motivates a non-paying spouse to pay.
Enforcement vs. Modification: Knowing the Difference
Distinguish between a spouse who won’t pay and one who can’t pay. If a spouse experiences a “substantial change in circumstances,” they may file a motion to modify the alimony amount. Examples include an involuntary job loss or a serious medical emergency.
However, the paying spouse cannot simply decide to stop paying because they lost their job. They must continue to pay the full amount until the court officially grants a modification. The burden of proof lies entirely with the paying spouse. They must show that their financial hardship is significant and permanent.
Frequently Asked Questions About Unpaid Alimony in New Jersey
Can I stop my ex from seeing the children if they don’t pay alimony?
No. Alimony and child custody are legally distinct. You cannot use parenting time as leverage for financial support. Doing so may result in the court finding you in violation of your own custody order.
How long does the enforcement process take?
The timeline varies depending on the court’s schedule. Generally, the court schedules a motion hearing within 24 to 35 days of filing. If the case is complex, it may take longer to reach a final resolution.
Can I recover attorney fees for an enforcement motion?
Yes. In many cases, New Jersey courts will order the non-paying spouse to pay your legal fees. The logic is that you should not have to spend money to receive the support the court already ordered.
What if my ex-spouse moved out of New Jersey?
Alimony orders are enforceable across state lines under the Uniform Interstate Family Support Act (UIFSA). New Jersey can work with the courts in the other state to garnish wages or seize assets.
Does unpaid alimony ever expire?
In New Jersey, alimony arrears generally do not expire. They remain a debt until paid in full. Even if the term of alimony ends, the non-paying spouse must still satisfy the “back pay” or arrears.
Related Posts
- Alimony Enforcement in NJ
- What Happens if an Ex-Spouse Doesn’t Pay Alimony?
- Modifying Alimony Payments in New Jersey
- Punishment for Contempt of Court in Family Court
Contact Law Office of Andrew A. Bestafka, Esq. Today
If you struggle with unpaid alimony in New Jersey, you do not have to handle the legal system alone. Contact us now. Protecting your financial future requires prompt action and a thorough understanding of court procedures. Law Office of Andrew A. Bestafka, Esq. provides the clear, supportive guidance you need to hold the other party accountable.
Call (732) 898-2378 today to discuss your situation and learn how our firm can help you secure the support you are owed.