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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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is it possible to get money back for overpayment of spousal

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is it possible to get money back for overpayment of spousal support order?

meigs004 :

Hello, how are you today? So I believe I understand your situation, but I would like to clarify. There was an order entered that said you could not seek child support for a period of 4 years, but you still had to pay her spousal support right away? Now you are wondering if you could seek the repayment of that spousal support considering you did not assert your right to the child support?

meigs004 :

I understand your logic, and you could certainly try and seek out legal counsel to file an action to recover those funds. However, if you were ordered to pay the spousal support, and you were afforded the opportunity to seek child support against the ex-spouse, but did not, you may find it very difficult to collect that spousal support that you paid out and complied with order by paying. If the term is indefinite on the spousal support, and you have knowledge that she is gaining more income than the time of the order, she has remarried, or she is cohabitating with another individual, you could seek to modify or terminate the spousal support order going forward. However, the fact that you paid the spousal support as directed by the order, and did not seek the child support as provided, does not necessarily provide a good basis for a court to award the spousal support to be reimbursed back to you. However, the current circumstances, and the recent past may provide a basis for which to modify or terminate the spousal support order going forward.

Customer:

Correct. I did not have to give her cash payments. I agreed that she would not have to make the child support payments she was ordered to for the first four years. There is no end date but it states if I do go and collect the child support before the 4 year period ends that I will have to give it back to her.

meigs004 :

I understand. However, I believe you may have a good case to seek to terminate the spousal support, or at least modify it, going forward.

Customer:

I see, my mistake was that as soon as the four year period ended I should have asserted my right to the child support. I was under the assumption that I did have a child support order and just let her get away without paying it.

meigs004 :

Right, and it is not necessarily a mistake as you still may have an option going forward with regard to the spousal support order.\

meigs004 :

Does that answer your question?

Customer:

what i did was held up my end and by not forcing the issue let her get away scott free on her end. It said in decree that after the four year period ended it was her responsibility to go to child support for payment arrangements.

meigs004 :

Right, I am sorry to hear that you were the only one to uphold your end.

Customer:

No suggestions on any way to hold her accountable for her end??

meigs004 :

As I said, you could definitely seek legal counsel to seek to have her comply with the affirmative obligations that are provided in the order. However, considering the time period that has rolled along, you may or may not have a chance.

Customer:

ok. Thank you. You have been a great help.

meigs004 :

Sure! Thanks for allowing me to help you this evening. If you have no other questions please feel free to provide a positive rating by selecting the smiley face and submitting!

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