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.
What are the different types of alimony in New Jersey?
There are a number of different types of alimony awarded in New Jersey, including:
- 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 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 does a judge decide whether to award alimony?
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 won’t pay court-ordered alimony?
If your ex refuses to pay court-ordered alimony payments, a New Jersey judge may issue an enforcement order. Some forms of enforcement include:
- Garnishing your former spouse’s wages and putting them towards alimony.
- Issuing heavy fines, sanctions, or even jail time to your former spouse.
- Placing a lien on your former spouse’s property, so when he or she sells that property, a portion of the money will go towards missed alimony payments.
- The judge may order that your former spouse pays interest on any missed alimony payments.
- A judge may draft a “writ of execution,” directing his or her bank to deduct money from his or her bank account and transfer it to your bank account.
If your spouse refuses to pay court-ordered alimony, you will need the help of an experienced divorce attorney. Reach out to our firm today.
Contact our experienced New Jersey firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.