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I was voluntarily paying above guidline Support - how do I ask to get this back

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  • I was voluntarily paying above guidline Support - how do I ask to get this back

    Hi all,

    Wife and I separated March 8th 2013. We signed a 4 month interim separation agreement where I was paying her well above support guidelines.

    My first case conference is now coming up. Can I ask by way of some procedural order at the case conference that the overpayment for support be taken into account ?


    Thanks

  • #2
    Did you knowingly overpay in the first place?

    Comment


    • #3
      Yes, for 4 months. I did not want to look like a cheap #$@#@ to any judge.

      Comment


      • #4
        Originally posted by plainNamedDad44 View Post
        Yes, for 4 months. I did not want to look like a cheap #$@#@ to any judge.
        so asking for it back now doesnt make you look the same way?? You knowingly overpaid and signed an agreement stating you would pay that much. I think you are out of luck.

        Comment


        • #5
          Originally posted by standing on the sidelines View Post
          so asking for it back now doesnt make you look the same way?? You knowingly overpaid and signed an agreement stating you would pay that much. I think you are out of luck.

          wouldn't it be mentioned in an OTS..or beyond that, even a SC??

          Comment


          • #6
            True, but i had no idea how much I was overpaying until we finally got our respective Financial statements done.

            But yes. I did agree, and I knew I was overpaying, only not by how much.

            Comment


            • #7
              My ex overpaid spousal for a year. We did not have any agreement. He not only did not get credit for future support, he could not claim it on his taxes either.

              I did give him a retroactive, written agreement for part of the money so he got some of the tax break but there was no way for him to get credit for it. We went to case conference and settlement conference but the judge didn't even hear it.

              Your situation is worse because you agreed in writing. I think you are out of luck too.
              Last edited by SadAndTired; 08-18-2013, 11:56 AM. Reason: Sentence sounded unintentionally rude. I removed it.

              Comment


              • #8
                Originally posted by plainNamedDad44 View Post
                True, but i had no idea how much I was overpaying until we finally got our respective Financial statements done.

                But yes. I did agree, and I knew I was overpaying, only not by how much.
                Are you talking about child support or spousal?

                Comment


                • #9
                  Originally posted by Leviathan View Post
                  wouldn't it be mentioned in an OTS..or beyond that, even a SC??
                  Hi, yes, I thought this would be fairer. As to how the judge will see it, I have no idea. I wanted to make sure I wasn't leaving her haning, despite the fact she up and left with the kids when I offered to leave the marital home so she and they could stay.

                  Comment


                  • #10
                    Originally posted by SadAndTired View Post
                    Are you talking about child support or spousal?
                    The combination of the two.

                    The combined amount as per the SSAG and CSG calculators is 2400.00. I was paying 4000.00 for the 4 months.

                    Comment


                    • #11
                      Originally posted by plainNamedDad44 View Post
                      The combination of the two.

                      The combined amount as per the SSAG and CSG calculators is 2400.00. I was paying 4000.00 for the 4 months.
                      Unfortunately you are likely out of luck. Simply be glad it was only for four months.

                      Comment


                      • #12
                        Originally posted by SadAndTired View Post
                        My ex overpaid spousal for a year. We did not have any agreement. He not only did not get credit for future support, he could not claim it on his taxes either.

                        I did give him a retroactive, written agreement for part of the money so he got some of the tax break but there was no way for him to get credit for it. We went to case conference and settlement conference but the judge didn't even hear it.

                        Your situation is worse because you agreed in writing. I think you are out of luck too. Just move on.
                        thanks for your reply

                        Comment


                        • #13
                          Originally posted by plainNamedDad44 View Post
                          The combination of the two.

                          The combined amount as per the SSAG and CSG calculators is 2400.00. I was paying 4000.00 for the 4 months.
                          wow when you said overpaying you werent kidding

                          Comment


                          • #14
                            Originally posted by plainNamedDad44 View Post
                            The combination of the two.

                            The combined amount as per the SSAG and CSG calculators is 2400.00. I was paying 4000.00 for the 4 months.

                            yea thats quite abit of $$...offly nice really...

                            Comment


                            • #15
                              Did you consider any legal advice before agreeing to any of this??..did your lawyer suggest/agree with the excess amount??

                              Comment

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