I am sure that you will remember helping me the yesterday with my issue associated with 14.5 years of spousal support
overpayment. After your valuable help, I was mulling things over and have a further question on this situation.
As I mentioned previously, I have no idea when the conflicting stipulations got into my file or their sequence. I do know however, that I paid $900 per month instead of $800 from the date of the stipulation.
Upon reflection, there are really two issues here. While my desire to reduce spousal support was the “trigger” to my reviewing my file, it is, in a sense, independent of the support overpayment.
While you indicated that the family law
court could rule on how the overpayment might the treated, even if reduced support was not an issue with me, there would still be the issue of the overpayment.
You indicated that there was no way that my wife could keep the overpayment. I have no idea why I would have paid $900 when the stipulation that both parties signed said $800. The altered stipulation may have been the reason, but let’s ignore this possibility for the moment. Let’s also ignore the fact that the altered stipulation exists (i.e., my wife never altered anything). Let’s say that I simply made a mistake. Would I still have the right to recover the overpayments? Plus interest?
In this context, if my wife wouldn’t pay up, would this be a separate civil suit, done independently of the family court or, because it was a support payment, would it still be handled by the family court? Again, the assumption is that alteration of the current support amount was not an issue.
Now, in case it makes a difference, would your answer to the above be different because it is clear that my wife was aware of the overpayment, if not from the very beginning, certainly when she altered the stipulation. At that time she was aware that all past payments were higher than the stipulation and that all subsequent payments were too high. In other words, she couldn’t claim ignorance of the situation until I recently until recently, when I discovered the overpayments.
I am looking forward to your response on this as before I move forward, I want to know as much as possible about my legal position.