Can my ex stop paying alimony just because he moved to a different state? 42 Answers as of May 29, 2013

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?

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
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".
Answer Applies to: Michigan
Replied: 8/23/2012
Victor Varga | Victor Varga
Register your Order in Florida and commence action there.
Answer Applies to: Maryland
Replied: 8/14/2012
Law Office of Melvin Franke | Melvin Franke
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.
Answer Applies to: Missouri
Replied: 8/14/2012
Kenneth A. Friedman, P.A.
Kenneth A. Friedman, P.A. | Kenneth A. Friedman
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.
Answer Applies to: Florida
Replied: 8/14/2012
Alvin Lundgren | Alvin Lundgren
He is still bound by the divorce decree. Take him back to court.
Answer Applies to: Utah
Replied: 8/14/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    No he can't. Seek enforcement of the order establishing alimony in the court that has jurisdiction.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    If you live in Florida and he lives in Texas then New Jersey no longer has any jurisdiction in the case of alimony since neither party has any relation to the state of New Jersey
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    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.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Peyton and Associates | Barbara Peyton
    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.
    Answer Applies to: California
    Replied: 8/14/2012
    John Russo | John Russo
    No, it is what it is, but be sure that your alimony award states NON-MODIFIABLE. There could be an other reason why he stopped paying but if it is non-modifiable no reason is a good reason.

    Also, if you had a Property Settlement Agreement, not just a Final Judgement you can ask the Florida Courts to enforce the PSA, why? because it is a contract and enforceable in any jurisdiction, "Motion to enforce the provisions of the PSA".

    Now if you only have a final judgement without a separate PSA you can still ask the Florida Courts to recognize the foreign decree, which they will, and then after that you can ask them to enforce the order, which again they will most likely do. The PSA is one simple step, The F/J can be 2 or more with a higher legal dollar cost. Good Luck.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You would need to retain an attorney in your ex's county in Texas to make your N.J. Judgment a Texas Judgment, in order to enforce that judgment in Texas.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Gregory Crain | Gregory Crain
    Contempt of court order.
    Answer Applies to: Arkansas
    Replied: 8/14/2012
    Attorney at Law | John P. Rivers
    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.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    No. Your spouse is obligated to pay support based upon the terms of the divorce decree. Consider filing a motion to compel spousal support payments with the Family Court and contact an attorney.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    He is still obligated to pay and you may seek enforcement through reciprocal agreements between states.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    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.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    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.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Mike Yeksavich | Mike Yeksavich
    Cite him for contempt.
    Answer Applies to: Oklahoma
    Replied: 8/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    No.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    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.
    Answer Applies to: Wisconsin
    Replied: 8/14/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    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.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Pingelton Law Firm | Dan Pingelton
    He still owes you alimony. See a lawyer about collecting it.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    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.
    Answer Applies to: Ohio
    Replied: 8/14/2012
    T.K. Byrne | Timothy K. Byrne
    No. He is bound by the Divorce Order. You may have to pursue a contempt Order.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    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.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Offices of Frances Headley | Frances Headley
    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.
    Answer Applies to: California
    Replied: 8/13/2012
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    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.
    Answer Applies to: California
    Replied: 8/13/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    No, he still owes the money every month. Go to your local Child Support Recover office and give them all of his information and a copy of your order and see if they will notify Texas and then Texas will collect for you. If that doesn't work, get a lawyer in Texas near where the ex is and have him go out and collect for you.
    Answer Applies to: Iowa
    Replied: 8/13/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No of course not. He must obey the court order. You can file a motion (a written request) asking the New Jersey Judge to enforce the court order. After you get the New Jersey court order, you could try to get the money taken out of his paycheck or seize his bank accounts, or take other actions. You may end up asking the Texas courts to make him pay. But first, get a court order from New Jersey.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    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.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    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.
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    Dorothy Spinelli, PC | Dorothy Spinelli
    No.
    Answer Applies to: Georgia
    Replied: 5/29/2013
    Attorney At Law | Harry D. Roth
    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.
    Answer Applies to: California
    Replied: 8/13/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If there is a court order, he needs to pay according to the order. You can file a motion in the original state or have the case transferred to you but you can enforce the order.
    Answer Applies to: California
    Replied: 8/13/2012
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