Is alimony subject to garnishment?

Yes, alimony is subject to garnishment in North Dakota. Under North Dakota law, alimony is considered a type of unsecured debt subject to garnishment. This means that if the payer of alimony fails to make a timely payment, the payee (the person receiving the alimony) can go to court and have the payer’s wages garnished, meaning the court can order the employer to deduct the amount owed from the payer’s paycheck and send it directly to the payee. It is important to note, however, that this form of garnishment applies only to non-exempt wages (wages that are not protected by law from being garnished). This means that, depending on the amount owed and the amount of non-exempt wages earned by the payer, the payee may not be able to receive the full amount of alimony owed each month. In addition, if the payer of alimony attempts to hide any of their assets, such as funds in a bank account, the payee may also be able to file a writ of garnishment on those funds. Similarly, if the court deems the payer of alimony to be in contempt of court, the court can issue a writ of garnishment to collect the amount owed in alimony payments. While alimony is subject to garnishment, it is important for parties involved in an alimony agreement to keep their payments up to date in order to avoid legal repercussions.

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