Bergen County Spousal Support Enforcement
Spousal support, more commonly known as alimony, is designed to help both spouses maintain a standard of living reasonably comparable to the one they enjoyed during the marriage. This form of support helps offset financial imbalance between the spouses post-divorce, which means it can play an important financial role when it is appropriate in a case.
However, if you are entitled to spousal support but are not receiving it because your ex-spouse is violating your agreement or the Court’s Judgment of Divorce, you will be entitled to spousal support enforcement. The experienced alimony attorneys at Moskowitz Law Group are here to help with this issue.
What if Your Former Spouse Is Missing Their Alimony Payments?
Once you have a court order or agreement for alimony, you are entitled to receive financial support you can count on. If your former spouse is not abiding by the court order, however, this can impact your finances, and you may be unsure how to effectively address the matter.
While your ex-spouse’s decision not to make court-ordered spousal support payments is disheartening, there are steps you can take to resolve the issue. The first and most important of these steps is consulting with an attorney.
Your Beginning Position
If your ex-spouse is not making the alimony payments you are owed, you have likely reached out to them in an effort to resolve the issue. If your request was ineffective, it is time to take more aggressive action.
Your situation will be unique to you, but you can count on your dedicated alimony enforcement lawyer to guide you in accordance with your best interests.
Reminding Your Ex-Spouse of Their Financial Obligations
Before involving the court by filing a motion, your skilled legal representative may advise you to inform your ex-spouse of your intentions to enforce their financial obligations. This likely means that your attorney will send a formal letter on your behalf demanding that your ex-spouse resume making alimony payments as agreed or ordered and to pay any arrears. This can be effective and may be the only nudge your resistant ex-spouse needs.
Keeping Careful Records
It is important to note that keeping a careful record of the spousal support you do and do not receive can make a serious difference in how effective your enforcement efforts are. When you have the documentation necessary to prove your former spouse’s standing in relation to their alimony obligations, you will be in a much better position to hold them legally responsible for violating their obligations. Your lawyer can advise you on what records to maintain.
Filing a Motion for Enforcement
The next step is filing a motion for enforcement with the Court that divorced you. Your motion will request that the Court compel your ex-spouse to abide by the original order or agreement. This may lead to the Court scheduling a hearing to review the circumstances, hear from the parties, and determine what action to take. An experienced Bergen County spousal support attorney will handle the alimony enforcement process and represent you at the hearing.
Income Withholding Order
One of the Court’s most effective tools when it comes to spousal support enforcement is an income withholding order. This is a court order that requires the payor’s employer to deduct the alimony obligation directly from their paychecks.
Additional Options
When an income withholding order is not an option, the court can turn to more serious measures that include:
- Suspending the payor’s driver’s license
- Intercepting the payor’s tax refund
- Seizing the payor’s assets
- Holding the payor in contempt of court and issuing a warrant for their arrest
Your ex-spouse may also be required to cover your related court costs and pay interest on their arrears. A knowledgeable lawyer will pursue all available options to ensure you receive the support you are owed.
Contact a Bergen County Spousal Support Attorney About Enforcement
Bergen County spousal support enforcement is important to your financial future. Our knowledgeable attorneys at Moskowitz Law Group dedicate their practice to helping our clients achieve optimal outcomes. We are here to support you. Contact us today to learn more.
