Alimony Non-Payment Consequences 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 and/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. However, there may be instances where an ex-spouse refuses to pay the court-ordered alimony. This article will explore the legal consequences of such refusal under North Dakota law.
Legal Obligation to Pay 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 upon expressly 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. The court considers various factors such as 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.
Consequences of Non-Payment
If an ex-spouse refuses to pay alimony, there are several legal consequences that can be enforced by the court. According to North Dakota Century Code 14-05-25.1, the court may issue a citation for contempt of court against the person who has failed to make the payments. The citation may be served on that person by first-class mail with an affidavit of service to the person’s last-known address.
Public Assistance and Alimony
In cases where a premarital agreement or marital agreement modifies or eliminates spousal support and the modification or elimination causes a party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, on request of that party, may require the other party to provide support to the extent necessary to avoid that eligibility (North Dakota Century Code 14-03.2-05).
Unenforceable Terms and Alimony
The court may refuse to enforce a term of a premarital agreement or marital agreement if, in the context of the agreement taken as a whole, the term was unconscionable at the time of signing, or enforcement of the term would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed (North Dakota Century Code 14-03.2-09).
Damages for Non-Payment
If an ex-spouse refuses to pay alimony, the court may award damages to the party who should have received the income. The damages may include the amount of income that should have been withheld or delivered, costs, interest, late fees, and reasonable attorney’s fees (North Dakota Century Code 14-09-09.32).
In conclusion, refusal to pay alimony in North Dakota can lead to serious legal consequences, including contempt of court, potential damages, and possible modification of the terms of the agreement. It is advisable to seek legal counsel if you are facing issues related to alimony non-payment.