Legal Consequences of Avoiding Alimony Payments
In North Dakota, the law takes a strict stance against spouses who attempt to evade their financial responsibilities post-divorce, including alimony payments. This includes situations where an individual leaves the state or even the country to avoid these obligations.
Abandonment and Non-Support
According to North Dakota Century Code 14-07-16, a spouse who deserts their partner without lawful excuse, with the intent to wholly abandon them, or who willfully fails to provide necessary sustenance, is guilty of a class C felony. This law applies even if the spouse has left the state or country. If a spouse leaves North Dakota and fails to provide the necessary support, the failure is construed to have occurred within the state, and all North Dakota laws regarding punishment apply with the same force and effect as if the abandonment and failure to support had occurred within the state.
Enforcement of Alimony Orders Across State Lines
The enforcement of alimony orders is not limited to the boundaries of North Dakota. Under the Uniform Interstate Family Support Act (UIFSA), which North Dakota has adopted, an alimony order issued by a North Dakota court can be enforced in any other state where the non-paying spouse resides or has assets. This means that if your ex-spouse has moved to another state or country to avoid paying alimony, you can seek enforcement of the alimony order in that jurisdiction.
International Enforcement of Alimony Orders
In cases where the ex-spouse has left the country, international enforcement of alimony orders can be more complex. However, the United States has reciprocal agreements with certain countries to enforce support orders, including alimony. If the country where your ex-spouse resides has such an agreement with the U.S., it may be possible to enforce the alimony order there.
Legal Remedies
If your ex-spouse has left the country to avoid paying alimony, it is advisable to consult with a family law attorney who is experienced in international family law matters. They can guide you through the process of enforcing your alimony order in the foreign jurisdiction. Additionally, they can advise you on other potential legal remedies, such as filing a motion for contempt in the North Dakota court that issued the alimony order.
In conclusion, while leaving the country may complicate the enforcement of alimony orders, it does not absolve an individual of their legal obligation to pay alimony. North Dakota law and international agreements provide mechanisms to enforce these obligations across state and national borders.