Enforcement of Alimony Obligations
Alimony Enforcement Attorneys Morris County, NJ
Serving Clients across Madison, Randolph, Florham Park, Hanover, Morristown, and Morris County
During many divorces, legal relationship dissolutions, or divorce mediations in Morris County, one of the key components of the divorce settlement agreement will be that of spousal support/alimony. While there are no standardized guidelines for determining alimony during divorce like there are for child support agreements, many alimony agreements are based on the very real financial needs and dependence of one party on the other, and it can often be critical for those dependent parties to actually receive the spousal support that has been agreed upon.
However, just because you and your former partner have agreed upon an alimony settlement doesn’t always mean that settlement will be adhered to. When a dependant party is not receiving timely and full alimony payments, it may become necessary to petition the courts to intervene, and the secure the financial support that you need.
At Jacobs Berger, our attorneys have extensive experience helping clients to secure the support they need in their divorce’s alimony agreement, and ensure that those agreements are upheld through alimony enforcement motions across Madison, Randolph, Florham Park, Hanover, Tewksbury, Morristown, and the greater Morris County area.
Contact our firm today to discuss your unique situation and needs when it comes to your alimony agreement or the enforcement of that agreement in a comprehensive and confidential case assessment.
What Do I Do if I am Not Receiving My Alimony Payments in Morris County?
Hanover, NJ Alimony Attorneys
In general, there are two possible reasons for why you are not receiving your agreed upon alimony payments. In some circumstances, it is possible that something has changed for your spouse which prevents or limits their ability to pay their alimony obligations, for example, if they have lost their job, or suffered a serious injury or illness. If you are not receiving your agreed upon spousal support payments, you may want to first reach out to your former partner and see if there is any reason for this to be the case. If they have a legitimate reason for being unable to make alimony payments, you may wish to discuss a temporary or permanent modification to your alimony agreement, based upon the circumstances.
On the other hand, if your former partner doesn’t seem to have a legitimate reason for not making alimony payments, and you are financially dependent upon them doing-so, it is highly recommended that you speak with an experienced Madison, NJ alimony attorney regarding filing a motion with the courts, and requesting their use of the many discretions and authorities New Jersey courts have when it comes to enforcing court orders.
Filing an Alimony Enforcement Motion in New Jersey
Madison, NJ Spousal Support Enforcement Lawyers
In the case that court intervention is necessary in order to secure your former partner’s compliance with your existing alimony agreement, the good news is that courts have a wide variety of options and discretion at their disposal when it comes to enforcing court orders.
Some of the many options New Jersey courts have when it comes to helping dependent spouses secure late or missing alimony payments are:
- Wage Garnishment – If your existing alimony agreement doesn’t already call for automatic wage garnishment, the courts have the authority to order wage garnishment take place. This will mean that alimony payments will be deducted from the supporting party’s paychecks, and through the Probation Division, delivered to the dependent party. Courts also have the authority to create a payment plan for outstanding alimony payments (arrears) to also be paid down through wage garnishment. While wage garnishment can be an extremely effective solution in many cases, if the supporting spouse is unemployed or self-employed, than another solution will need to be found.
- Liens on Assets or Properties – Another option available to the courts in alimony enforcement matters is that of placing a lien on a property or particularly valuable asset of the supporting party. A lien is basically an action which, once placed on asset or property, will subtract the value of the lien placed from the sale of that asset or property. So if your spouse decides to sell their home, a property, or their car for example, and a lien has been placed on that asset, than the amount of that lien will be automatically be deducted from the sale of that property before the supporting party ever has access to that money.
- Writ of Execution – It is also possible for the courts to draft a “writ of execution”. This order will be sent to your former partner’s bank, and will cause the bank to take whatever amount is ordered out of a specific account, and transfer it to yours.
- Judgement and Interest – In cases where the amount of alimony owed is especially egregious, the courts may also order a judgement against your former spouse. This judgement will not only call for the supporting party to pay arrears plus interest on those late payments, a judgement may also call for your former to spouse to pay your attorney’s fees as well. A judgement will also have the affect of greatly reducing your former spouse’s credit score, potentially giving them the motivation they need to make good on outstanding alimony payments.
- Contempt – Finally, parties seeking payment of outstanding alimony obligations may also wish to file a motion for the courts to hold the supporting party “in contempt”. Any time a person fails to follow a court order, they can be held in comtempt, and while first offenses may only result in monetary fines, repeat offenses will cause for a warrant for their arrest to be issued, and mandatory jail time upon their arrest.
While it is ultimately up to the court’s discretion which actions they believe necessary to securing compliance of your alimony order, an experienced Florham Park alimony enforcement attorney can help you to convince the courts that one particular solution is necessary, or in your best interests. Our alimony attorneys are prepared to work closely with you in order to determine what kind of solution may work best in your scenario, and help convince the courts that such a method be ordered.
Contact Our Morristown Spousal Support Enforcement Lawyers Today
At Jacobs Berger, our attorneys have extensive experience helping clients to receive the alimony payments that they are entitled to, and often dependent upon, across Tewksbury, Madison, Randolph, Hanover, Florham Park, Morris County, and throughout New Jersey.
While the unique approach of our law firm focuses on finding constructive solutions through negotiation and mediation, we also recognize that it may not always be possible to resolve disputes favorably for our clients in such a manner. With this in mind, we also stand prepared to aggressively and effectively represent your unique interests in a court of law, and help you to ensure that your disputes are resolved in a manner that is fair to you, and accurately takes into account your unique needs and concerns in the issue at hand.
If your former spouse is refusing to abide by the terms agreed upon in your alimony settlement, our family law team is ready to help you today. To schedule a comprehensive and confidential case assessment with our firm today regarding your options for securing the financial support you are due, please contact us online, or through our Morristown, NJ office at (973) 718-7705.