Alimony overpayment

[tichenor17]

Florida Divorce June 2007

I was legally divorced in Monroe Co, FL June 2007. My ex and my kids moved out of my home and into an apartment with her boyfriend in June 2007. She began receiving alimony in the amount of $500/month in July 2007 via automatic withdrawal from my paycheck as stated in the Income Deduction Order (IDO). She co-habitated with her boyfriend until June 2008, when she and my kids relocated with him to Massachusetts.

In May 2008, her alimony was reduced from $500 to $250/month; however, she continued to receive $500. Since I did not receive a revised IDO, the government continued to deduct $500 from my pay and deposit to her account at Florida Disbursing Unit. I have attempted to communicate with her via email and text message, requesting she return the overpayments until it is corrected, but she refuses to reply or return the overpayments.

As stated above, she remarried in September 2008, consequently terminating her rights to alimony. Again, since I do not have a revised IDO, the government continues to overpay her, now by $500/month for September and October. Again, I attempted to request repayment from her, but she refuses to respond or return overpayment. To date, she has been overpaid over $1000.

I have a mediation session sked for November and would like to resolve this once and for all. I would appreciate if a professional could give me advice towards the following questions:
1) Due to established and sustained co-habitation with boyfriend since June 2007, was she ever entitled to alimony? If so, am I entitled to recoupment?
2) How do I request repayment for the overpayments from June-October 2008, and for any future overpayments until I receive a revised IDO and my deductions are corrected?
3) How do I request a revised IDO?
4) Can all of this be resolved in mediation?
5) Do I have to specifically “request” via petition of the court that these issues be handled?

Any/All assistance is greatly appreciated!

Brian Tichenor
LT US Navy

[Tayla]

Answer to question #5- Yes
And from that all your other questions will be decided thru the courts.

My suggestion is to have all bank statements showing the withdraws and subsequent payments to her.

Have available the alimony agreement and read any parts that involve her losing alimony in the event of remarriage.

Stop asking her and start initiating your right to have the alimony terminated due to her change in status to married.

[tichenor17]

Thanks for the reply and advice Tayla. I have the mediation session on Monday so that should bring some action.

[Bali Hai]

Originally Posted by tichenor17

Thanks for the reply and advice Tayla. I have the mediation session on Monday so that should bring some action.

I don't want to be the one to burst your bubble, BUT, in the "ACTION", be prepared to continue the alimony payments.

Your ex is probably a professional "alimony queen" and I suspect she WOULD NOT have remarried and put her free ride out of your pocket at risk without first seeking legal counsel.

Re-read your divorce decree.