Alimony is a court-ordered payment from one spouse to another after a divorce or separation. Its purpose is to provide financial support to the ex-spouse who may have a lower income or none at all. In New Jersey, failing to make alimony payments can lead to severe legal and financial consequences. Here, we will explore the various repercussions of non-payment, and the steps involved in enforcing alimony orders.

Legal Consequences 

Contempt of Court

When an individual fails to make alimony payments as ordered by the court, they can be held in contempt of court. This means that the court has determined the individual is willfully disobeying its order. Being found in contempt can result in fines, penalties, and even imprisonment until the overdue alimony is paid.

Judgment and Collection

If alimony payments are missed, the recipient can file a motion with the court to obtain a judgment against the non-paying spouse. Once a judgment is issued, the recipient can pursue various collection methods, including wage garnishment, bank account levies, and placing liens on property.

License Suspension

New Jersey law allows for the suspension of various licenses if an individual fails to comply with alimony orders. This can include driver's licenses, professional licenses, and recreational licenses. The purpose of this measure is to compel the non-complying spouse to meet their alimony obligations.

Credit Score Impact

Non-payment of alimony can negatively impact an individual's credit score. When a judgment is entered for unpaid alimony, it can be reported to credit bureaus, leading to a lower credit score. This can affect the ability to obtain loans, credit cards, and even employment opportunities.

Financial Consequences 

Accumulation of Arrears

When alimony payments are missed, the amount due accumulates as arrears. This means the owing spouse will not only have to pay the current alimony but also the overdue amounts, which can quickly add up. Interest may also be charged on arrears, increasing the total amount owed.

Additional Legal Fees

The process of enforcing alimony orders often involves legal fees. The recipient may hire an attorney to file motions and represent them in court. If the court finds in favor of the recipient, the non-paying spouse may be ordered to pay the recipient's legal fees in addition to the overdue alimony.

Asset Seizure

To satisfy unpaid alimony, the court can order the seizure of assets belonging to the non-paying spouse. This can include bank accounts, investment accounts, and personal property. In some cases, the sale of seized assets may be ordered to cover the alimony arrears.

Steps to Enforce Alimony Payments

Filing a Motion

The first step in enforcing alimony payments is for the recipient to file a motion with the court. This motion requests the court to enforce the alimony order and take action against the non-paying spouse. The court will then schedule a hearing to review the case.

Proving Non- Payment

During the court hearing, the recipient must provide evidence of non-payment. This can include bank statements, payment records, and correspondence with the non-paying spouse. The court will review the evidence and determine whether the alimony order has been violated.

Court's Decision 

If the court finds that the alimony order has been violated, it will issue a decision outlining the consequences for the non-paying spouse. This can include contempt of court, wage garnishment, and other enforcement measures. The court may also set a payment schedule for the arrears.

Contact Us Today

Have more questions regarding alimony payments? Contact Villani & DeLuca, P.C. for your free first consultation. Our experienced family law attorneys will give you the guidance you need. Call us today at 732-751-4991.