Can my ex stop paying alimony just because he moved to a different state?

Question

My ex husband moved to Texas and we were divorced in NJ. He has stopped paying me lifetime allimony because he moved to Texas. I now live in Florida. How do I get him to pay and can he do that because he lives in Texas?

Dorothy Spinelli · Answer

No.

Leonard A. Kaanta · Answer

No.

Austin Hirschhorn · Answer

If there is a judgment requiring him to pay lifetime alimony and your ex-spouse has stopped paying and you are both living in different states than the one where the judgment was entered you will need to use the Uniform Reciprocal Enforcement of Support Law which has been enacted in all 50 states to enforce the judgment.  I would suggest that you contact an attorney in Florida that handles family law matters to help you with this problem.  You can get more information about the law by googling "Uniform Reciprocal Enforcement of Support Law".

Glenn Tanner · Answer

No he can't. Seek enforcement of the order establishing alimony in the court that has jurisdiction.

Mark Brown · Answer

Retain an attorney in your home state of Florida. The fact that your husband moved to another state (even the independent Republic of Texas) does not make him immune from complying with court orders.

Barbara Peyton · Answer

You can have your judgment enforced in Texas but you will probably need an attorney to help you get it registered in Texas.  

Once it is acknowledged by Texas you can follow normal enforcement proceedings.  If your husband has a job in Texas, check with the employer to see if it will accept your New Jersey support order in a wage assignment.

Kenneth Friedman · Answer

Moving to another state is no excuse for the nonpayment of alimony.    However, you would either have to proceed in New Jersey or have the divorce   decree domesticated in Florida and then attempt to enforce it.  You should  seek  the advice of a Florida attorney.

Gregory Crain · Answer

Contempt of court order.

Robert Merlin · Answer

He cannot escape the obligation simply because he lives in Texas. There are numerous things that you can do, between enforcing the order in NJ, Fla and/or Texas. I suggest that you consult with an experienced family attorney for guidance.

John Rivers · Answer

The fact that your ex-husband has moved to another state does not terminate his alimony obligation. 

If the amount involved justifies your doping so, the best thing to do is to have your NJ judgment registered in TX and seek to enforce it there.

Michael Yeksavich · Answer

Cite him for contempt.

Dennis P. Mikko · Answer

He cannot stop paying just because he moved to another state.  However, since he is out of state, forcing collection may be more difficult.  

If alimony in New Jersey is collected through a state agency, you should request that they take enforcement action in Texas.  If you are required to collect it on your own, you may have to hire a Texas attorney to enforce the New Jersey judgment.

Melvin Franke · Answer

No, you have to get back in court in New Jersey to hold him in contempt. You probably won't be able to garnish his wages in TX.

John Kirchner · Answer

No, simply moving to a new state doesn't change the original court order.  However, to enforce the NJ order you will need to do so in a TX court because the NJ court no longer has any personal control over your ex in another state.  You need to contact an attorney in the county where he is now living.

Ronnie Vargas · Answer

The only way to stop alimony is via a court order. Just because he moved to another state does not free him of his obligation. As to how to enforce the order I'd recommend you consult with an attorney for an indepth analysis of your situation.

Dennis Leffert · Answer

Inasmuch as your divorce was in NJ, you need to ask an attorney who is licensed to practice in NJ.  Good luck.  Each State has their own set of rules and laws.

Daniel J. Pingelton · Answer

He still owes you alimony. See a lawyer about collecting it.

James Lentz · Answer

You will need a lawyer with a trip or two around the family law arena to pull this one off.  It will likely involve registering the judgment with the Texas support authority, several cooperative judges and unfortunately, some time.  Call a lawyer who knows family law as step one.

Timothy Byrne · Answer

No. He is bound by the Divorce Order. You may have to pursue a contempt Order.

Helene Ellenbogen · Answer

The decree holds regardless of where either of you lives. You will need to go back to court in NJ with a motion of contempt or a motion to compel. You can ask the NJ court to garnish the alimony including the arrearage.

Frances Headley · Answer

No, unless the order came to an end by its own terms his change of residence does not change his obligation. You need to consult a family law attorney about how to pursue a sister state judgment.

George Seide · Answer

Please be advised that this advice does not create an attorney client relationship. That may only be accomplished by entering into a written agreement.  I am not familiar with the laws of wither state mentioned. I would hire an attorney in the state in which husband lives and have him file to enforce support and get a wage garnishment order. In CA attorney fees are granted to the support recipient, if a hearing is necessary to enforce a support order. Good Luck.

Leonard Schwartz · Answer

Alimony is lifetime and the only way he can stop paying it is by Court Order. You have to speak to a clerk in the New Jersey County where you were divorced. They wioll tell you how to file with them to enforce the alimony order. You might need a wage execution against him.

Barbara A. Fontaine · Answer

If you have a court order for him to pay lifetime alimony, it does not matter where he lives.  Is he working?  Ask a Florida lawyer.  Maybe it might be best to have the case heard in Texas if that is possible. Make sure he has money to pay before you spend much.

Harry Roth · Answer

Where your former husband lives is completely irrelevant.  Texas, being Texas, does not provide for spousal support except in very unusual circumstances.  That said, what he is obliged to do and what he will do or can be forced to do, is another.  The law of his state applies only to his claims that certain property he owns is not available for enforcement of the judgment (for support).    Support enforcement must start from New Jersey.  A New Jersey lawyer, perhaps the lady or gentleman who represented you there for the divorce itself, can help.  Good luck with this.

James Weiner · Answer

It will probably take a team of attorneys one in NJ to hold him in contempt and one in Texas to enforce the judgment.

Robert De Groot · Answer

No, he cannot do that. But you need an attorney from NJ to file, probably, a motion for contempt.

Ronee F Korbin Steiner · Answer

You need to enforce in New Jersey where your case still resides.

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Can my ex stop paying alimony just because he moved to a different state?

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