Enforcing an Alimony Order in North Dakota
In North Dakota, alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay to the other during or after a divorce. If a spouse fails to comply with the terms of an alimony order, there are several legal avenues available to enforce the order.
Legal Remedies for Non-Compliance
Under 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 the enforcement of an order for the payment of child support under chapter 14-09 to the fullest extent permitted under section.
Civil or Criminal Contempt
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. The court can enforce orders by civil or criminal contempt, or both. This means that the court can impose fines, jail time, or both on the spouse who fails to comply with the alimony order.
Property Liens and Execution Orders
The court can also set aside property for satisfaction of the support order, place liens, and order execution on the obligor’s property. This means that the court can seize the property of the spouse who fails to comply with the alimony order and use it to satisfy the unpaid alimony.
Bench Warrants
If an obligor fails to appear at a hearing ordered by the tribunal after proper notice, the tribunal can issue a bench warrant for the obligor and enter the bench warrant in any local and state computer systems for criminal warrants.
Attorney’s Fees and Costs
The court can award reasonable attorney’s fees and other fees and costs to the spouse seeking enforcement of the alimony order. This is particularly applicable if evidence establishes that the party has insufficient personal income or funds with which to pay attorney’s fees and costs.
Registration of Out-of-State Orders
If the alimony order was issued in another state, it can be enforced in North Dakota by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 14-12.2-35 through 14-12.2-46.4, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state (North Dakota Century Code 14-12.2-34).
Administrative Enforcement of Orders
A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both (North Dakota Century Code 14-12.2-34).
In conclusion, enforcing an alimony order in North Dakota involves a variety of legal procedures, including contempt proceedings, property liens, bench warrants, and administrative enforcement. It is advisable to consult with a legal professional to understand the best course of action based on the specifics of your case.