Can Alimony Payments Be Garnished?

Did you know that alimony can be withheld by an employer and paid to the affected person under North Carolina law?

North Carolina family law courts may require the earning spouse to pay alimony payments to their ex-spouse in divorce cases. This is to compensate for the non-earning spouse’s financial loss as a result of the divorce.

There are several considerations taken into account when calculating the amount of alimony. These include the duration of the relationship, the rules of the state, and the demeanor of the partner who is receiving alimony.

If an ex who is ordered to pay maintenance fails to do so, the other spouse will face financial difficulties and needs to seek the advice of a Charlotte family law lawyer.

Learn more about the court’s legal guidelines for alimony garnishments in North Carolina below.

Getting a Contempt Case

What is a contempt case? A contempt motion is a request for enforcement against a party who is not following the terms of a court order.

If a party is withholding payment on purpose, the judge will enforce the initial divorce settlement. He may order the payor to pay all remaining sums and any legal expenses.

Getting Alimony Payments Garnishment Order

The ex entitled to alimony can get help by petitioning a family court to get the payor’s wages garnished.

The court directs the payor’s employer to subtract and give the alimony sum to the beneficiary. The employer does this directly from the payor’s salary to the beneficiary under this agreement.

A Lien on Assets

If the payor ex-spouse does not pay the specified alimony, the ex may ask the family court to impose a lien on the person’s estate. The estate could be their home or a retirement fund. This lien will remain in effect until the payor makes full payment on the remaining balance.

However, if the estate is the payor’s house, the recipient will be entitled to recover the unpaid balance when the house is sold. Once a lien on the payor’s retirement fund is in place, the beneficiary has entitlement when the payor either retires, resigns, or is dismissed.

Ultimately a Judgment

If a payor owes a significant sum of alimony, the other partner can seek a money judgment from the court. That will entail instructing the payor to pay the whole sum owed, including interest.

The court could also order the payor to reimburse their ex-partner for legal fees incurred in their attempts to reclaim the alimony sum.

It’s Your Right, Claim It!

Alimony payments are an important right provided by the law to a qualified ex-spouse who cannot financially support themselves or their child.

If your ex has ignored your right to alimony despite the court’s order, and you are in the Charlotte area, contact us today. We can help you uphold and enforce the order, and all of our consultations are 100 percent confidential.


Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and most professional license defense cases, we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.



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