Alimony and Wage Garnishment in North Dakota
In North Dakota, alimony, also known as spousal support, is a payment made by one spouse to the other during or after a divorce. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. The question of whether alimony can be garnished from wages is a pertinent one, and the answer is yes, it can be.
Legal Provisions for Alimony Garnishment
According to North Dakota Century Code 14-05-25.2, any order or judgment for the support of a spouse or former spouse may be enforced by any means permitted under section 459 of the Social Security Act and not forbidden under title 32. This includes wage garnishment, which is a legal procedure through which some portion of a person’s earnings is withheld by an employer for the payment of a debt, in this case, alimony.
Enforcement of Support Order
The enforcement of a support order is detailed in North Dakota Century Code 14-05-25.2. This statute states that any order or judgment for the support of a spouse or former spouse may be enforced by any means permitted under section 459 of the Social Security Act and not forbidden under title 32. This includes wage garnishment, which is a legal procedure through which some portion of a person’s earnings is withheld by an employer for the payment of a debt, in this case, alimony.
Contempt Proceedings for Non-Compliance
Failure to comply with the provisions of a separation or divorce decree relating to the distribution of the property of the parties constitutes contempt of court, as per North Dakota Century Code 14-05-25.1. A party may also execute on a money judgment, and the obligor is entitled only to the absolute exemptions from process set forth in section 28 -22-02. This means that if a spouse fails to pay alimony as ordered, the court can enforce the order through various means, including wage garnishment.
Limitations and Exemptions
While alimony can be garnished from wages, there are certain limitations and exemptions. According to North Dakota Century Code 14-09-09.31, a child support obligation owed to an obligee who is a judgment debtor may not be subject to execution, garnishment, attachment, or other process except to satisfy that child support obligation. This suggests that while alimony can be garnished, child support takes precedence and cannot be garnished for the purpose of paying alimony.
Conclusion
In conclusion, under North Dakota law, alimony can indeed be garnished from wages. However, it’s important to note that the court will consider various factors before deciding to garnish wages for alimony, and there are certain limitations and exemptions to this rule. As always, it’s recommended to consult with a legal professional for advice tailored to your specific circumstances.