Does your former spouse owe you back child support or back alimony? Has your former spouse failed to comply with your property settlement agreement or a court order in some respect? For example, has your former spouse failed to pay you certain sums of money owed to you or failed to secure a policy of life insurance to secure a support obligation? If so, one remedy at your disposal is to file a motion to enforce the applicable provision(s) of the property settlement agreement or court order. Because a property settlement agreement is incorporated into the judgment of divorce, it is entitled to enforcement. Moreover, there is a strong public policy favoring the stability of consensual arrangements for support in matrimonial matters.
Under Rule 1:10-3, a litigant in any action may seek relief by way of an application for enforcement, which is a coercive response that advances the private interest of litigants in the enforcement of court orders. It is the public policy of New Jersey courts to enforce their orders and judgments. See Borzillo v. Borzillo, 259 N.J. Super. 286 (Ch. Div. 1992). A motion for enforcement supports and enforces a party’s right to have the other party comply with a judgment or court order, and is also a way for trial courts to control the disposition of their dockets. “A judgment is a solemn record and parties have a right to rely on it.” Rolnick v. Rolnick, 290 N.J. Super. 35, 46 (App. Div. 1996).
