QUESTION

Can you still receive alimony if ex husband moves to the Philippines?

Asked on Sep 11th, 2020 on Divorce - New Jersey
More details to this question:
Hello, my ex-husband moved to the Philippines a few months after we got divorced (2017). I have a court document stating I will receive alimony but not have received any payment since the court hearing. He gets social security and also money from the VA each month. Am I able to get his wages garnished? Thank you
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. I am sorry that you find yourself in this situation. Your ex-spouse would generally speaking, be responsible for the alimony payments absent a substantial change of circumstances from the time the Judgement was entered. I recommend that you consult with a family law attorney to discuss your rights and options in filing an enforcement motion and garnishment proceeding. 
Answered on Sep 14th, 2020 at 2:05 PM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The short answer is yes, you can enforce your alimony entitlement against his benefits BUT it is not a simple task or one that should be handled by you pro se or through a general practice lawyer - it has complications to it and if done wrong, it can be a costly error. In this setting, it is worth your while to retain a family law specialist (not a general practice lawyer who says that he handles divorce work). It may cost you more money up front but getting the results you are looking for will make it worth the price. If you would like to schedule a consultation with one of the partners in Diamond & Diamond to discuss your current setting and the options available to you, please call Angela at 973-379-9292 to arrange it. For consultation purposes, we are going to need to see the judgement of divorce and all subsequent paperwork / court orders / and information as to his social security / VA benefits that you have available to you. In this setting, it makes better sense for us to have the opportunity to review the materials in advance of the consultation so as to make sure that your understanding of the setting matches the paperwork. 
Answered on Sep 14th, 2020 at 7:06 AM

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