What Happens if My Ex Refuses to Pay Alimony in New Jersey?

Alimony is designed to help financially dependent spouses get their financial situation back on track after a divorce. If you were awarded alimony payments, though your ex is now refusing to make those payments, there is a very good chance you are now looking at your legal options going forward. Please continue reading and speak with our seasoned Bergen County divorce attorneys to learn more about how we can help you through the legal process ahead. Here are some of the questions you may have:

How do New Jersey courts determine alimony payments?

New Jersey courts consider a wide array of factors when determining alimony, including you and your ex’s salary, which spouse was financially dependent, both spouse’s earning potential, both spouse’s age and health, your child custody agreement (if applicable), both spouse’s retirement age, and more.

What should I do if my ex refuses to pay alimony?

If your spouse is refusing to make the alimony payments of which you are owed and you have already tried speaking with him/her regarding the matter, you should speak with an experienced New Jersey divorce attorney who can sort out your options going forward. Generally, our firm will file a motion for alimony enforcement with the NJ court system. In this case, the court may take one of the following actions to help ensure that your ex complies with your initial alimony agreement:

  • They may place a lien on your ex’s property, meaning that once the property is sold, the amount owed to you will be deducted from the total amount of the property and turned over to you.
  • They may find your ex “in contempt” of a court order. This frequently results in hefty fines, and if your ex still refuses to comply, he or she may face sanctions or jail time.
  • They may draft a “writ of execution,” which tells the bank to deduct a monetary amount from your ex’s bank account and transfer it to your bank account.
  • They may garnish your ex’s wages to make alimony payments.
  • They may order that interest be paid on all outstanding alimony payments, and even cover your legal expenses for hiring an attorney to file the motion.

If you have any additional questions, give us a call today. We are ready to help.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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