Overview of Enforcement of a New Jersey Alimony Order

Alimony is defined as a legally binding financial obligation ordered by the court in a New Jersey divorce case. In New Jersey, alimony sometimes is also referred to as spousal support. Unfortunately, there are instances in which a person with an obligation to pay a former spouse spousal support violates an existing New Jersey alimony order. When a person fails to comply with a New Jersey alimony order, the receiving spouse does have some available legal options to attempt to remedy the situation. to enforce payment.

Motion to Enforce Litigant’s Rights

The most common enforcement mechanism when a New Jersey alimony order is filing with the court what is known as a motion to enforce. This type of motion asks the court to compel the paying spouse or obligor to get back into compliance with the alimony order. If the court finds noncompliance, the judge may issue sanctions of different types, which we do discuss in this article.

Income Withholding Orders

Keep in mind that New Jersey law permits alimony payments to be directly deducted from the paying spouse’s wages or salary. An income withholding order ​is a fairly simple process. Such an order is sent to the obligor’s employer. The employer must then withhold the required amount and forward it to the recipient, in such an instance, a former spouse. This ensures timely and consistent alimony payments. This type of income withholding order bypasses the need for the obligor to directly, voluntarily make payment on a consistent and timely basis.

Probation Division Supervision

The Probation Division of the New Jersey Superior Court plays a central role in enforcing alimony. When alimony is processed through probation, the agency tracks payments and initiates enforcement measures if the obligor falls behind. The Probation Division can take a number of enforcement steps that include:

• Wage garnishment
• Intercept tax refunds
• Report arrears to credit bureau

Civil Remedies for Arrearages

If alimony arrears accumulate, the court may impose various civil penalties. These include:

• Placing a lien on the obligor’s property
• Freezing or seizing bank accounts
• Intercepting lottery winnings
• Suspending professional, driver’s, or recreational licenses until payments are made

The reality is that these various remedies serve both as a deterrent and a means of collecting overdue alimony or spousal support in a particular New Jersey divorce case.

Contempt of Court Proceedings

Failure to comply with an alimony order can lead to contempt of court charges in certain instances. Family law contempt proceedings are terribly serious matters. They demonstrate willful disobedience of a court order by a person with an obligation to pay alimony or spousal support. A contempt finding may result in a number of commands from the court:

• Fines
• Attorney’s fees
• Incarceration

As a side note, jail time generally is regarded as a last resort. Nonetheless, New Jersey courts will use it if other enforcement efforts do not result in changed behavior on the part of the person with an obligation to pay spousal support pursuant to a New Jersey alimony order.

Collection of Arrearages With Interest

New Jersey courts allow the recipient spouse to collect arrearages with interest. If alimony payments are missed, the overdue amounts do not simply vanish. Rather, unpaid alimony accumulates as long as the past due amount remains outstanding.

A court could also take the step to establish a repayment plan. In simple terms, a court is apt to take whatever steps seem just and prudent to better ensure that the recipient does not face even more delays in receiving money that he or she legally is entitled pursuant to an alimony order issued by a New Jersey court.

Role of Legal Counsel and Ongoing Enforcement

Finally, because alimony enforcement can involve multiple legal procedures and mechanisms, retaining legal counsel is advised. An experienced lawyer can file motions, request sanctions, and coordinate to ensure that court-ordered alimony is paid. There may also be instances in which legal counsel may be needed to aid with post-divorce matters in New Jersey as well, legal counsel may also petition the court for modifications if the obligor’s financial circumstances significantly change, balancing fairness with enforcement. Typically, a New Jersey divorce lawyer will schedule an initial consultation at no charge to a prospective client. If you have any questions concerning alimony enforcement in New Jersey, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free initial consultation.