While many are able to navigate an amicable divorce, this is not always the case. As such, you may find that your spouse disagrees with the court’s alimony order and decides to take matters into their own hands by refusing to make payments. If this represents your circumstances, it can be incredibly frustrating, leaving you unsure of your legal options. The following blog explores the steps you should take during this process to recover the funds you are entitled to with the assistance of Morris County alimony lawyers to help guide you through this process.

How Are Alimony Payments Determined?

There is a common misconception regarding alimony payments. Unfortunately, many people believe that alimony is automatically awarded to the lower-earning spouse, regardless of each party’s circumstances. However, this is far from the truth. In reality, you’ll find that if a spouse wants to receive alimony, they must request it when filing a petition or response with the court, and the court will then examine several circumstances to determine if payments are necessary.

As such, the courts will consider the following when determining whether or not to award alimony payments to a party:

  • The income and earning capacity of each party
  • The age and health of each party
  • If one party put their career on hold to support the other
  • If one party served as the primary caretaker of any children the couple shares
  • If one party was the primary caretaker, the education and training they would require to re-enter the workforce
  • The current state of the job market at the time of the divorce
  • The financial and domestic contributions of each party
  • How the couple’s marital assets were divided
  • Any other factors the court deems relevant

You should also note that these factors are not just used to determine if alimony is necessary, but also how long payments will last, as well as the amount of the payments.

What Can I Do if My Ex Refuses to Make Payments?

If your ex will not adhere to the alimony payments as ordered by the court, it can be incredibly frustrating. However, one of the most important things you should keep in mind is that you should not retaliate. Though it can be tempting to withhold their parental time with the children, for example, until they pay the alimony you are entitled to, doing so can be held against you. As such, the best thing you can do is continue adhering to the divorce decree while documenting their continual missed payments.

Once you have gathered evidence to show the lack of payment, you can file a motion with the court to enforce the alimony order. This is a formal request that will be reviewed by a judge, who will then issue a judgment on the matter. If the judge agrees with you, they will issue a judgment that allows for the collection of outstanding payments. This includes wage garnishment, placing liens on their property, and even being held in contempt of court.

As you can see, this process can be incredibly frustrating to navigate. That is why it’s critical to connect with an experienced attorney with the Leslie Law Firm, LLC, to assist you through this process. We will do everything in our power to help you recover the funds you deserve. Contact us today to learn more.