Divorce is an extremely complex legal issue, as it often encompasses far more than simply ending a marriage. Alimony is often the most hotly contested issue as, frequently, one spouse believes he or she is entitled to alimony, while the other spouse doesn’t want to pay. However, once a judge decides or both spouses agree on an alimony obligation, that obligation must be paid. If your former spouse is currently ignoring their alimony obligation, there are various legal enforcement measures that can be taken. Read on and reach out to an experienced New Jersey family law attorney at our firm to learn more about alimony enforcement in NJ and how we can help.
How do courts determine alimony structures in New Jersey?
When a judge has to determine a couple’s alimony structure, they will consider several statutory factors, which are as follows:
- The actual need of the dependent spouse
- The ability of the supporting spouse to pay
- The standard of living established in the marriage
- The duration/length of the marriage
- Support paid during the pendente lite period (the period from date of complaint to date of divorce)
- The age and health condition of each of the parties
- The earning capacities of the parties, as well as the education level, job training, and skills
- The impact of the need for separate residences for each
- The increase in living expenses of both parties and its effect on attaining their reasonably comparable standard of living each enjoyed during the marriage / civil union
- The fact that each party has equal right to have standard of living
- The length of absence from the job market of the party seeking maintenance
- The parental role of each party
- The time and expense necessary to acquire sufficient education or training to become self-supporting (key for rehabilitative alimony)
- The participation each spouse had in the acquisition of marital assets
- The property award
- Any income-producing assets
- The consequences and changed circumstances of both parties
- Any other factors which the court may deem relevant
What happens if my ex refuses to pay alimony?
In many cases, if possible, it is simply easiest to speak with your former spouse directly about the failure to make alimony payments before making a legal issue out of it.
However, if your ex still refuses to make the alimony payments you need, you should speak with an experienced family law attorney at once. Our firm can file a motion for alimony enforcement with the Superior Court of New Jersey. The courts will then take any of the following actions to help ensure your ex-spouse pays you the alimony you need:
- Requiring your ex-spouse to pay arrearages (alimony that is owed and should have been paid) periodically
- Entering a judgment upon which interest accrues on the arrearages
- They may place economic sanctions on your ex-spouse
- They may suspend your ex-spouse’s driver’s license
These are just some of the ways courts in New Jersey can enforce an alimony obligation. If you believe your ex-spouse is wrongfully denying you the alimony you need, give us a call today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate and knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years. We know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.