Bergen County Spousal Support Payment Process
When spousal support, more commonly known as alimony, is ordered or agreed in a New Jersey divorce, it can play a key role in the recipient’s financial future. If you were awarded spousal support, it is important to have a solid understanding of the Bergen County spousal support payment process.
Working closely with an experienced spousal support attorney at Moskowitz Law Group from the outset is the surest means of protecting your financial rights. Reach out for more information today.
What is Alimony?
Every spousal support case is unique to the couple involved. Alimony payments are designed to help establish a financial balance between spouses post-divorce. The goal is to allow the supported spouse to continue enjoying a standard of living that is close to the standard of living established during the marriage without overburdening the payor financially.
There are different options when it comes to the spousal support payment process in Bergen County. Your lawyer will help you make the right choices for your needs.
The Payment Process Through the Probation Division
Most spousal support payments in Bergen County are paid through the County’s Probation Division. The Probation Division is responsible for enforcing financial support that is paid through the New Jersey Family Support Payment Center (NJFSPC). The Probation Division and NJFSPC work together to ensure that ex-spouses pay and receive timely and consistent financial support payments.
When the Probation Division is involved, they handle the payment process from the payor to the payee. This means they will either collect your alimony payments directly from your ex or will receive the payments garnished by their employer. Once the payments are received by whichever means, the Probation Division will disperse the spousal support to you.
If you run into any problems that relate to receiving the alimony you are owed in a timely manner, the Probation Division can take action on your behalf. As a result, the issue is likely to be resolved more effectively and efficiently. That said, the Probation Division is extremely overburdened, and child support cases often take priority over alimony cases. An attorney can advocate on your behalf to ensure your case does not fall through the cracks.
Direct Pay from the Payor
As the recipient of spousal support, you can choose to have your ex-spouse pay you directly through direct pay rather than through the Probation Division. It should be noted, however, that, if you choose this option, you retain the right to change your mind. In fact, most direct pay spousal support agreements include a provision that, if the payor fails to keep up with their financial obligation, the payments can be reassigned to the Probation Division, usually through wage garnishment. Direct pay from the payor may be advantageous if the parties’ agreement or order provides that the payor’s alimony obligation will change over time. For example, if the payor is to pay a certain amount of alimony one year and a different amount the next year, or if their obligation is based on a percentage of their income every year, direct pay will cut down on administrative logistics significantly. This is because the Probation Division is unable to account for varying alimony payments and would require a new court order whenever the payments change.
Lump Sum Alimony Buyout
In some cases, couples choose to bypass regular alimony payments in exchange for a lump sum buyout. In rare circumstances, these buyouts can also be ordered by the Court. Before you agree to a buyout, discuss your options with your attorney.
A lump sum buyout can take the form of the alimony recipient being awarded a larger share of the parties’ marital property or a cash buyout. In return, the recipient waives the right to any other alimony. Generally, lump sum offers are discounted versions of the total that the payee would have otherwise received in spousal support over time. This is because there is a benefit to the recipient in getting the money upfront, which they can then invest or use as they deem fit immediately.
There are pros and cons for both parties with this approach, including:
- Both the payor and the payee can put the matter behind them.
- The payor is not required to purchase life insurance to cover their support obligation in the event of their death.
- The payor can experience negative tax implications depending on the source of the funds for the buyout.
- The payee is free to remarry or enter a new romantic relationship without fear of losing the financial support or the payor obtaining a partial or total reimbursement.
- The matter of whether the payments will be timely is no longer a concern for the payee.
Discuss which option may be best for you with our seasoned family law attorneys.
Consult with an Experienced Bergen County Attorney About the Spousal Support Payment Process Today
The Bergen County spousal support payment process can vary from case to case. The dedicated Bergen County spousal support attorneys at Moskowitz Law Group have the legal insight to help you make well-informed decisions in light of the unique circumstances that apply to you. Learn more by contacting us online or giving our firm a call today.
