Concealment of Income and Alimony in North Dakota
In North Dakota, the concealment of income by a party in a divorce proceeding is a serious matter that can have significant legal consequences. This is particularly relevant when it comes to the determination and enforcement of alimony, also known as spousal support.
Legal Framework for Alimony
Under North Dakota Century Code 14-05-24.1, the court may require one party to pay spousal support to the other party for a limited period of time. This is based on an express finding that the recipient lacks sufficient property or income to provide for their reasonable needs, considering the marital standard of living, and that the payor has the ability to supply those means without undue economic hardship.
Factors Considered in Determining Alimony
The court considers several factors in determining the amount and duration of spousal support, including the age of the parties, the earning ability of each party, the duration of the marriage, the conduct of the parties during the marriage, the station in life of each party, the circumstances and necessities of each party, and the health and physical condition of each party (North Dakota Century Code 14-05-24.1).
Concealment of Income
If a party conceals income to avoid paying alimony, this could be considered a violation of the rules adopted by the supreme court. According to North Dakota Century Code 14-05-25.2, the court may redistribute property and debts in a postjudgment proceeding if a party has failed to disclose property and debts as required by these rules.
Enforcement of Alimony Orders
Failure to comply with the provisions of a separation or divorce decree relating to the payment of alimony constitutes contempt of court (North Dakota Century Code 14-05-25.1). Any order or judgment for the support of a spouse entered under this chapter may be enforced by any means permitted under section 459 of the Social Security Act and not forbidden under title 32. Such an order or judgment may also be enforced in any manner provided for the enforcement of an order for the payment of child support under chapter 14-09 to the fullest extent permitted under section (North Dakota Century Code 14-05-25.2).
Legal Consequences of Concealing Income
If it is discovered that a party has concealed income to avoid paying alimony, the court may take several actions. These could include adjusting the amount of alimony to be paid, holding the party in contempt of court, or imposing other penalties as deemed appropriate. The court may also order the party to pay the legal fees of the other party incurred in uncovering the concealed income.
In conclusion, concealing income to avoid paying alimony in North Dakota is a serious matter that can lead to significant legal consequences. It is always advisable to be transparent and honest in all dealings related to divorce proceedings. If you suspect your ex-spouse is hiding income to avoid paying alimony, it is recommended that you seek legal advice to understand your options and possible remedies.