Hackensack Alimony Enforcement
Alimony is awarded by a judge in the appropriate circumstances following a divorce proceeding. The parties to a divorce proceeding may also agree to alimony in their settlement agreement. Whether alimony be court ordered or agreed upon, not everyone will keep making alimony payments as ordered or agreed.
If your former spouse is no longer making alimony payments, you have legal options available to you. The most important thing you can do is rely on the guidance of a reliable alimony attorney. Let the Moskowitz Law Group answer your questions about Hackensack alimony enforcement today.
Possible Options to Enforce Alimony
There are different options to address a spouse’s failure to pay alimony. Not all these options involve formal Court action. A dedicated family law attorney can often resolve a dispute by contacting the other party or their legal counsel to negotiate without the need for any further intervention. This is usually only a viable option if the alimony payor has a true inability to continue to make alimony payments, rather than just not feeling like paying them anymore.
In other circumstances where negotiations fail or the payor has no good reason to stop making payments, filing a motion to enforce an alimony order or agreement may be required. This kind of motion is called a motion to enforce litigant’s rights. Someone filing a motion to enforce litigant’s rights can request that alimony payments be made by wage garnishment and that any unpaid arrears be paid on top of the alimony payments. The filing party can also request that their ex-spouse reimburse them for the legal fees they spent on the motion. Multiple violations of an order or agreement to pay alimony can result in the Court taking more drastic measures, such as entering a bench warrant or holding the payor in contempt of court.
Court ordered or agreed upon alimony payments are mandatory. If a former spouse loses the ability to make alimony payments, they must either try to negotiate a different arrangement with their ex-spouse or file a motion with the Court to modify their alimony payments. Someone cannot just decide to stop paying.
The Opportunity to Defend
When one party in Hackensack files their motion to enforce alimony, the other has a chance to explain and defend themselves. This generally takes place with the filing of a response to the motion and a hearing before the judge overseeing the case.
The Court will consider evidence from the filing party, including documentation showing that the payments were never made. Then, the other party will have a chance to explain why the payments were missed or not paid in full.
The judge can order modification if the payor makes a compelling case for inability to pay. Otherwise, the judge will likely find that person in violation of the order or agreement and take the necessary action to compel them to pay.
Consequences for Non-Payment
The judge overseeing an alimony case in Hackensack has the authority to enforce their own order or an agreement between the parties regarding alimony. After the judge determines that the paying party failed to comply with the order or agreement, the Court can choose any of the following options:
- Property liens
- Bank levies
- Wage garnishment
- Repayment with interest
- Contempt of Court
- Incarceration (in extreme cases only)
A knowledgeable alimony enforcement attorney can answer any questions their client has about the possible consequences for non-payment of alimony. They can also identify which options the Court is most likely to choose to enforce alimony payments and how this will affect them financially.
Learn More About Alimony Enforcement in Hackensack Today
When you are ready to discuss your legal options for alimony enforcement in Hackensack, schedule an appointment with our team at Moskowitz Law Group.
An aggressive approach is often enough to secure what you are owed without a lengthy Court battle. Call our law office today for your private consultation.