A court order for alimony establishes a legal duty, not a suggestion. When an ex-spouse fails to make these required payments, it can create significant financial hardship. New Jersey law provides specific legal tools to enforce these orders and collect the support that the obligor owes you.
When alimony payments stop
Missing even one alimony payment violates a court order. A single late payment may be an oversight, but you must address a pattern of non-payment promptly. The paying spouse, known as the obligor, cannot unilaterally decide to stop payments. Even external circumstances, such as job loss or a change in income, do not excuse non-payment unless the court formally modifies the order. Ignoring the court order can lead to serious consequences, making swift action necessary to prevent arrears from accumulating.
Legal options for alimony enforcement
Should your former spouse fail to adhere to the alimony order, you can petition the court by filing an enforcement motion. This action asks a judge to step in and enforce the terms of your divorce decree. A judge has several methods to compel payment:
- Ordering the payment of all overdue amounts, often with interest
- Garnishing wages, tax refunds, or other sources of income
- Seizing assets, such as bank accounts or property
- Requiring the sale of assets to satisfy the debt
- Suspending a driver’s license or professional license
These legal tools help secure the payment of court-ordered support.
The importance of timely legal advice
Working within the court system to enforce an alimony order involves specific procedures and deadlines. An error in filing can cause delays that worsen your financial situation. Presenting a clear case to the judge improves the chance of a successful outcome. A family law attorney who is familiar with spousal support can explain the path forward to secure the financial support you rely on.