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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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A year and a half ago my ex and I signed an amendment to the

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A year and a half ago my ex and I signed an amendment to the Spousal Support that my support would end on 12/31/12 - NO EXCEPTIONS. His wages were garnished. I just checked my bank account and discovered that spousal support money had been put into my account. He lives in CA and I live in MI. Do I have to give the money back? He had plenty of opportunity to notify the "powers that be" about the support end date and it is on record as being court ordered. He screwed me over pretty much with child support and I'm not feeling too generous about returning the money. Thanks

AttyCBradford :

He can take you back to receive the money with interest. In california legal interest rate is 10% per year. If he was late or did not make a payment, you can apply that payment towards any back owed payment

AttyCBradford :
Customer:

Is there a statute of limitations he has in order to request the overpayment? And why wouldn't the garnishment stop on the date the court ordered?

AttyCBradford :

no there isn't he can come back after you. Because the payroll department isn't required to stop it, he needs to notify them, this is pretty normal actually.

AttyCBradford :

But if he screwed you over, what do you mean by that?

Customer:

It was a back and forth child custody hearing between one of our children. In the end, a CA judge ordered my son to leave his sister and I (against his will - and against the family court counselor) to move to CA. He immediately stopped child support payments for him. Then after a year of back and forth, my son was able to come back. He never increased his child support and kept it as if our son was still living with him. Then in March he agreed to increase the child support for 2 children, cutting off the our eldest daughter (who had a chronic terminal illness) in Sept (she turned 19 in July and graduated from HS in June). Our daughter died in October, and again, the garnishment was accidentally kept in force in October (even though there was a court order) and he demanded October's money back (two days after she died). I paid that, seethingly. I am angry this overpayment happened because it isn't my fault it happened and he loves to stick it to me. I just feel like I would rather give the 500 to my son for college instead of give it back to my ex. And isn't it his responsiblity to notify payroll. He had a well over a year to do that. Why should I be penalized for his mistake?

AttyCBradford :

I understand your frustration... However, if you are not owed back support, then you legally should not keep the support amount. If you wish to keep it, you can I can't force you to give it back. I am just advising you that he could potentially file a motion to have the money given back with interest eventually, but for $500.00 he would probably incur more in attorney fees and court fees...

AttyCBradford :
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