Back in November, we discussed the case of a New Jersey man who had been sentenced to jail for nonpayment of alimony. The case garnered much media attention due to the movement for alimony reform in the state.

Late last month, after almost eight weeks behind bars, the Supreme Court of New Jersey ordered the man’s release, with several conditions. He was told to immediately begin paying $1,000 per week in alimony and he was also given 30 days to find employment, assuming his previous job was no longer available to him.

When he does find employment, his wages will be garnished to pay the court-ordered alimony.

The now 60-year-old man had been ordered to pay $2,000 per week in alimony in January of last year, in addition to child support, at the end of a very contentious divorce.

The man reportedly failed to pay the alimony and was also accused of becoming willfully under-employed in order to avoid paying alimony, ultimately leading to the jail sentence.

This divorce case was very complex and it included allegations of fraud on the part of both parties. However, this case does illustrate the extreme risks of falling behind on alimony or child support payments. Under New Jersey’s existing family laws, failing to abide by court-ordered support obligations can lead to serious penalties, including jail time. This is why it is important to reach as reasonable a support agreement as possible, and to modify it if necessary.

New Jersey’s family law courts review a number of factors when coming up with alimony orders, in an attempt to be fair, but both parties are wise to have legal counsel during this process to ensure their interests are protected to the extent possible.

After support orders are final, if one party’s financial situation changes, it is possible to request a modification. It is necessary, however, to obtain the legal modification before changing the amount or frequency of payments to ensure one remains in good legal standing.

Source: Nj.com, “State Supreme Court ordered lays out condition for alimony payer’s release,” Lillian Shupe, Dec. 18, 2012

• More information about New Jersey’s spousal support laws is available on our family law firm’s Alimony page.