Alimony 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.
Determining Alimony
The court determines the amount and duration of alimony payments based on several factors, as outlined in the North Dakota Century Code 14-05-24.1. These factors include:
- 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
- The health and physical condition of each party
The court may require one party to pay spousal support to the other for a limited period of time if it finds 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.
Inability to Pay Alimony
If a spouse claims they cannot afford to pay alimony, the court will consider their financial situation. The court will examine the payor’s income, assets, and ability to work. If the court determines that the payor truly cannot afford to pay alimony without experiencing undue economic hardship, it may adjust the alimony order accordingly.
However, it’s important to note that the court will not simply take a spouse’s word for it. The spouse claiming inability to pay must provide concrete evidence of their financial situation. This could include pay stubs, tax returns, bank statements, and other financial documents.
Enforcement of Alimony Orders
If a spouse is ordered to pay alimony and fails to do so, the recipient can take legal action to enforce the order. According to North Dakota Century Code 14-05-25.1, a money judgment to secure division of property is enforceable by contempt proceedings, and exemptions from process are not available. This means that if a spouse refuses to pay alimony, they can be held in contempt of court, which can result in fines or even jail time.
Modification of Alimony Orders
If a spouse’s financial situation changes significantly after the alimony order is issued, they can petition the court for a modification of the order. According to North Dakota Century Code 14-05-24, the court can modify an alimony order if it finds that there has been a material change in circumstances. This could include a significant increase or decrease in either spouse’s income, a change in the recipient’s need for support, or a change in the payor’s ability to pay.
In conclusion, if your ex claims they cannot afford to pay alimony, the court will thoroughly examine their financial situation before making any adjustments to the alimony order. If the court finds that they truly cannot afford to pay, it may modify the order. However, if the court finds that they are able to pay but are simply refusing to do so, it can take legal action to enforce the order.