By Jeff J. Horn – Divorce Attorney
If you’re facing the challenge of your ex not paying alimony in New Jersey, you’re not alone. Many people depend on court-ordered spousal support after divorce, and missed payments can cause serious financial stress. The good news is that New Jersey law gives you several ways to enforce your alimony order and recover what you’re owed.
At Horn Law Group in Toms River, we work with clients throughout Ocean County who need help getting unpaid support. Whether your ex-spouse is months behind or has stopped paying altogether, there are legal tools available to hold them accountable.
Alimony enforcement through the New Jersey courts
When alimony is part of a divorce judgment, it becomes a legal obligation. If your ex-spouse stops paying, they are violating a court order. New Jersey courts take this seriously and allow you to file a motion to enforce the order. That motion asks the judge to force compliance and may come with serious consequences for the non-paying party.
You can learn more about the New Jersey enforcement process on the state court website.
Keep detailed records of missed payments
To build a strong case, you need documentation. Start tracking missed payments right away. Create a list of payment dates, amounts owed, and amounts received. Save any messages from your ex-spouse that mention alimony.
If they made partial payments or sent money inconsistently, keep bank statements, checks, or app screenshots. These details will help your attorney show the court that your ex has failed to meet their legal obligation.
File a motion to enforce alimony
The next step is to file a motion with the family court that issued your divorce. This motion tells the judge that your ex is not paying alimony in New Jersey and asks the court to take action. The court can respond in several ways, including:
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Garnishing wages
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Seizing bank accounts
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Placing liens on property
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Suspending driver’s or professional licenses
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Requiring your ex to pay your legal fees
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Holding them in contempt of court
If the court finds your ex-spouse willfully failed to pay, the judge can order increasingly serious penalties. A hearing may be scheduled, and both sides will be able to present evidence.
Can someone go to jail for not paying alimony?
In rare cases, yes. If your ex has the means to pay but refuses to follow the order, the court can find them in contempt. Civil contempt penalties may include jail time until they begin to comply. Judges usually try other enforcement tools first, but jail is an option when someone refuses to take the order seriously.
What if your ex-spouse claims they can’t afford to pay?
If your ex says they can’t make payments because of job loss, illness, or another financial hardship, they need to ask the court for a modification. They are not allowed to stop paying on their own. Until the judge changes the order, the full amount remains due. If they haven’t filed for a change, you can still pursue enforcement.
Don’t wait to take legal action
The longer your ex goes without paying, the harder it can be to recover what you’re owed. Interest can add up, arrears can grow, and your own finances may suffer. If your ex isn’t paying alimony in New Jersey, act quickly. File your enforcement motion as soon as possible to protect your rights and financial stability.
Get legal help in Ocean County for alimony enforcement
At Horn Law Group, we help clients in Toms River and throughout Ocean County enforce court-ordered alimony. Our team can prepare your motion, represent you in court, and make sure your case is clearly presented. You deserve the support the court awarded, and we’ll help you get it.
Contact us today if your ex is not paying alimony in New Jersey. We’re ready to help you move forward.
For more information about alimony enforcement, refer to NJ Rev Stat § 2A:34-23 (2024).
Thanks to Horn Law Group, LLC intern Dillon Uhrig
Photo by Mackenzie Marco on Unsplash