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Pre separation agreement support?

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  • Pre separation agreement support?

    I moved out of the matrimonial home Aug 2011 but continued to pay $1,000 per month towards mortgage and utilities to help my wife. We are currently negotiating spousal support and I am arguing that I should credited for 14 months worth of payments.

    Is there case law supporting this? Am I entitled to get credit for these payments in order to reduce my support duration or reducing a lump sum payment?

    Thanks!

  • #2
    Yes you would be credited for payments but spousal support will likely be calculated from the date you separated. Pretty standard.

    You can access much information on the internet. To get a bird's eye view you can go to Childview and they have a free sample calculator that you can put your numbers into. Be certain to pick the right calculator as one is for if you have children and one if you do not have children you are paying support for.

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    • #3
      Originally posted by Joroco View Post
      I moved out of the matrimonial home Aug 2011 but continued to pay $1,000 per month towards mortgage and utilities to help my wife. We are currently negotiating spousal support and I am arguing that I should credited for 14 months worth of payments.

      Is there case law supporting this? Am I entitled to get credit for these payments in order to reduce my support duration or reducing a lump sum payment?

      Thanks!
      You can always claim "occupational rent" as you no longer reside in the matrimonial home.

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      • #4
        I agree with Arabian and Taken. I moved out of the mat home and paid the mortgage, taxes for 6 months and did claim occupational rent.

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