The Legal Information Institute explains that garnishment is “a court-ordered process for collecting on a judgment.” As an alimony order/agreement is legally binding, courts in North Carolina have the authority to put a garnishment in place to allow the recipient to collect on delinquent support. Here, our Charlotte alimony attorney provides an overview of the key things to know about garnishments for spousal support obligations in North Carolina.
Understanding Alimony Obligations
Under North Carolina law (G.S. 50-16.3A), alimony (spousal support) may be awarded when deemed appropriate, given the specific circumstances of a divorce case. While alimony is certainly not guaranteed in every divorce in North Carolina, it can be granted to the financially less well-off partner based on a settlement agreement or a court order. Notably, in North Carolina, courts order alimony based on statutory guidelines and case-specific circumstances.
Once in place, alimony is legally enforceable. Payments should be made promptly. If a paying spouse (obligor) fails to meet his or her obligations, legal action can be taken by the recipient to get accountability. Indeed, in North Carolina, there are several different enforcement options, potentially including garnishment.
What to Know About the Legal Framework for Garnishment of Alimony Payments
Broadly explained, garnishment is a legal process where a court orders an employer or financial institution to withhold funds from a person’s wages or accounts to satisfy a debt. In North Carolina, alimony is not automatically subject to wage garnishment like child support. In other words, there is a specialized process that effectively allows for an expedited garnishment to cover child support. However, that system does not apply to delinquency in Alimony cases. Instead, a dependent spouse (recipient) must seek a court order to collect an overdue payment through garnishment. In North Carolina, garnishment for alimony may allow for an income withholding order if the paying spouse consistently fails to meet their alimony obligations.
Circumstances Leading to Garnishment of Alimony
When alimony obligations turn delinquent in North Carolina, it will generally not result in an immediate garnishment. Quite the contrary, courts generally only garnish wages to cover unpaid alimony if other remedies have been exhausted. Most often, garnishment will occur after the following:
- If the paying spouse consistently fails to meet their court-ordered alimony obligations and
- The paying spouse has failed to resolve the matter through other means and has failed to produce any reason to justify non-payment.
What is the Process of Garnishing Alimony Payments in North Carolina
There is a very specific process to get a wage garnishment for unpaid alimony. To garnish alimony payments in North Carolina, the dependent spouse must take the following legal steps:
- File a Motion for Contempt: If the paying spouse refuses to comply with the alimony order, the dependent spouse may file a motion in family court to hold them in contempt.
- Seek a Court Judgment for Unpaid Alimony: The court may issue a judgment against the delinquent spouse, creating a legal basis for garnishment.
- Request a Writ of Garnishment: If approved by the court, the dependent spouse may obtain a garnishment order directed at the paying spouse’s wages or bank accounts.
- Pursue Enforcement Through the Employer or Bank: Once the writ is served, an employer or bank may be required to withhold the specified alimony amount and transfer it.
An Overview of Alternatives to Garnishment for Enforcing Alimony
It is important to emphasize that garnishment is not always the best remedy for delinquent alimony. In some cases, the matter can be better handled through other means, from a settlement agreement to a contempt of court finding. While garnishment may be an option, there are alternative methods to enforce alimony payments, including:
- Seizure of Assets: If the paying spouse has substantial financial assets, the dependent spouse may seek a court order to seize funds from bank accounts or investment holdings.
- Liens on Property: A court may allow a lien to be placed on real estate or other assets to secure overdue alimony payments.
- Tax Refund Interception: In some cases, the dependent spouse may request that unpaid alimony be deducted from the paying spouse’s tax refund.
- Contempt Proceedings: If a spouse willfully refuses to pay, they may face court-imposed penalties, including fines or jail time, as a means of enforcement.
Of course, a person who has (allegedly) fallen behind on his or her alimony obligations has the right to raise a defense. These cases should always be defended on a case-by-case basis.
Speak to Our Charlotte, NC, Alimony Attorney for a Confidential Consultation
At Remington & Dixon, PLLC, our Charlotte family law attorneys have the skills and experience to handle all types of alimony cases. If you have any specific questions or concerns about garnishments for spousal support obligations, we are a family law resource you can trust. Call us now or contact us online to schedule a strictly private, no-obligation case review. From our Charlotte law office, we handle alimony cases in Mecklenburg County and across the wider region of North Carolina.
