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

plainNamedDad44

plainNamedDad44

New member
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
 
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.
 
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.
 
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Leviathan said:
wouldn't it be mentioned in an OTS..or beyond that, even a SC??
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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.
 
SadAndTired said:
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.
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thanks for your reply
 
Did you consider any legal advice before agreeing to any of this??..did your lawyer suggest/agree with the excess amount??
 
stop paying anything until the amount you over paid matches what you should have paid. if your ex doesnt like it let them take you to court....
 
slughead10 said:
stop paying anything until the amount you over paid matches what you should have paid. if your ex doesnt like it let them take you to court....
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did you miss the part where he said he agreed to pay that much??? So he should stop paying CS for the kid(s)?

If he follows your idea he should figure out how much was CS and how much was SS.
 
slughead10 said:
stop paying anything until the amount you over paid matches what you should have paid. if your ex doesnt like it let them take you to court....
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Sounds like a great way to have costs assigned against him.

It will likely cost him the same/less to chalk it up to an error in judgement and to pay table support from now on then to let his ex take him to court and have to fight it.
 
He said it was a 4 month interim agreement. The 4 four months is presumably up, so the agreement is finis.

If this were me, I would stop paying spousal, but put the money aside in case I got a cranky judge.

I would pay the guideline support for the child. I would send a polite OTS that stated that spousal support was overpaid over the course of 4 months, and that spousal would resume when the overpayment was covered.

I would put an explanation in my cc brief that child support has been, is being, and will be, paid in full. The spousal support was overpaid, and will resume - if there is clear entitlement - when a new amount is deamed.

Child support is the right of the child and must be paid from the time of separation. Spousal support can be seen differently.

If support is indefinate, then you may be asked for arrears. But, if support is for a limited duration, then there is no gain or loss if it is in arrears.

Let's say the judge orders 5 years of support. Fine. Start the 5 years from today. Or, start it from 2 months ago, so you pay the 2 months arrears, and then pay for another 58 months.

For a fixed duration of support, even if it is 10 years, you shouldn't be penalized in the long run.
 
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