When spouses separate, the spouse who has historically supported the family cannot necessarily just walk away from the marital home, stop paying the bills, and leave the other spouse and children without money.
Generally, the financial circumstances and standard of living established during the marriage are important considerations when support issues arise in a New Jersey divorce.
But what happens when a supporting spouse simply stops paying?
What if your spouse leaves the marital home, cuts off financial support, stops contributing toward necessary expenses, and leaves you without enough money to pay the mortgage, utilities, groceries, or other basic bills?
In a serious enough situation, you may be able to ask the New Jersey Family Court for emergency relief.
When Financial Problems Become an Emergency
There is an important difference between a financial dispute and a genuine financial emergency.
If your spouse stops contributing to household expenses and you are left in a situation where you cannot meet basic financial needs, your attorney may consider asking the court for immediate relief through an Order to Show Cause.
An Order to Show Cause is designed for situations that require the court's attention more quickly than the normal motion process allows. That does not mean every case where a spouse stops paying bills will qualify.
How an Order to Show Cause Works in New Jersey
An attorney can file an application asking the Family Court to address an urgent problem on an expedited basis. The application must explain why the situation is emergent and why waiting for the ordinary motion process could cause serious harm.
The judge then determines whether the circumstances justify emergency relief.
If the judge agrees that the situation is sufficiently urgent, the court may address the immediate financial issue much more quickly than it would through a standard motion.
If the judge determines that the situation is not an emergency, however, you may have to seek relief through the normal motion process instead.
What If the Court Doesn't Consider It an Emergency?
Not every serious financial problem meets the legal standard for emergency relief. That does not necessarily mean you have no options.
You may still be able to file a motion asking the Family Court to address issues such as temporary spousal support, child support, payment of household expenses, or other financial obligations while your divorce is pending.
The difference is primarily one of timing. An Order to Show Cause asks the court to act quickly because waiting for the normal process could cause immediate harm. A regular motion follows the court's ordinary schedule.
Don't Wait Until the Situation Gets Worse
If your spouse has stopped providing financial support, do not assume that you simply have to live with it until your divorce is over. The sooner you understand your options, the better positioned you will be to protect yourself financially and document what has happened.
Keep records of unpaid bills, missed payments, bank account changes, communications with your spouse, and any other information showing how your financial situation has changed. Then speak with an experienced New Jersey divorce attorney about whether your circumstances justify emergency relief or a standard motion for support.
I've handled New Jersey divorce and family law matters for decades, and one thing I tell people repeatedly is that decisions made early in a divorce can have consequences later.
If you're considering separation or divorce and want to better understand the process before making those decisions, my free Divorce Smarter Course explains many of the financial, custody, support, and strategic issues that can arise during a New Jersey divorce.
Until next time,
Steve