What to Do If Your Ex Violates a Marital Settlement Agreement in NJ
A marital settlement agreement (MSA) is one of the most important documents that comes out of a divorce. It spells out each party’s obligations, from child support and alimony to property transfers and parenting time schedules. So what happens when your ex simply stops following it? You are not without options, and knowing your next steps can make a real difference.
Understanding What Your Agreement Actually Requires
Before taking any action, take a close look at your MSA and the final judgment of divorce. Once an MSA is signed and incorporated into a divorce judgment, it becomes a court order. That distinction matters. Violating it is not just a breach of a private contract, it is a violation of a court order. Common violations include failing to pay child support or alimony, refusing to transfer property or assets, ignoring the parenting time schedule, and not covering agreed-upon medical or educational expenses for children.
Is the violation clear, or is it possible your ex interprets the language differently? Sometimes, disputes arise from poorly worded provisions rather than outright bad faith. Either way, documentation is key. Keep records of missed payments, text messages, and any other evidence that shows the other party is not complying.
Filing a Motion to Enforce Litigant’s Rights
The most direct legal tool available to you in New Jersey is the Motion to Enforce Litigant’s Rights. This motion asks the Superior Court to compel your ex to comply with the existing order and to remedy the violation. When you file, you submit a certification laying out the facts, and a hearing is typically scheduled. If the court finds a violation occurred, it can order compliance and grant additional relief, including:
- Sanctions and monetary fines
- Reimbursement of your attorney’s fees and court costs
- Make-up parenting time if a schedule was violated
- Wage garnishment for unpaid support
- Asset seizure or liens to recover owed property
Motions are filed electronically through New Jersey’s Judiciary Electronic Document Submission (JEDS) system. The motion must be properly served on the non-compliant party.
When Contempt of Court Is an Option
If violations are serious or repeated, the court has the authority to hold your ex in contempt. Contempt of court is a more severe remedy and can carry financial penalties or, in extreme cases, incarceration. Under New Jersey law, courts may impose civil contempt as a remedy to enforce a marital settlement agreement that was incorporated into a divorce decree. This is typically reserved for situations where other enforcement tools have not worked or where the non-compliance is willful and ongoing.
Is your ex refusing to pay child support month after month despite having the means to do so? That pattern of behavior is exactly the kind of situation where a contempt action sends a serious message.
Speak with an Attorney Before Taking Your Next Step
If you are dealing with a violation of your marital settlement agreement, we understand how frustrating and stressful that experience can be. Whether the issue is a missed support payment or a refusal to transfer assets, you deserve to have the agreement you negotiated actually enforced. If you are located in Somerset, New Brunswick, North Brunswick, Piscataway, Edison, Somerset County, or Middlesex County, the Somerset County divorce modification lawyers at the Law Offices of Kisha M. Hebbon, LLC are here to help. Contact us today to schedule a confidential consultation so we can review your situation and pursue the relief you are entitled to.
Source:
law.justia.com/codes/new-jersey/title-2a/section-2a-10-1/
