Overpaid Alimony

[Bali Hai]

Originally Posted by Golfball

You may be able to get it at least some of it back, and it could be argued that you should be compenstated reasonable attorney's fees if your ex is unreasonable about wanting to settle it.

However, I wouldn't bank on getting it all back, or getting it all back in one chunk. Your ex may assert that you have "slept on your rights" and if the money is already spent, well, how is it supposed to be paid back in its entireity? (Or at least from my layman's reading of a laches defense.)

(Just for the record, I'm playing devil's advocate. I think your ex should give back the money as well, but that doesn't mean she cannot make it difficult for you. Try and work w/ your ex on a payment plan. And check w/ a CPA before claiming the alimony payment on your taxes.)

I think it would be difficult to demonstrate anything criminal, since the receiver didn't take any action to receive the money, and there would have to be some stauatory duty to report that funds were being improperly sent.

I wonder what would happen if someone were improperly receiving social security benefits due to a screw up at the SS adminstration.

I'm sure it would NOT go something like this..."When do you think you will be able to pay us back if ever??

[LdiJ]

Originally Posted by Golfball

You may be able to get it at least some of it back, and it could be argued that you should be compenstated reasonable attorney's fees if your ex is unreasonable about wanting to settle it.

However, I wouldn't bank on getting it all back, or getting it all back in one chunk. Your ex may assert that you have "slept on your rights" and if the money is already spent, well, how is it supposed to be paid back in its entireity? (Or at least from my layman's reading of a laches defense.)

(Just for the record, I'm playing devil's advocate. I think your ex should give back the money as well, but that doesn't mean she cannot make it difficult for you. Try and work w/ your ex on a payment plan. And check w/ a CPA before claiming the alimony payment on your taxes.)

I think it would be difficult to demonstrate anything criminal, since the receiver didn't take any action to receive the money, and there would have to be some stauatory duty to report that funds were being improperly sent.

Also, please remember that if you do get it back, you are going to have to declare it as income on your tax return. You took it as a deduction, so you will have to take it back into income.

Now, that doesn't mean that you should leave it off your tax return if you haven't filed yet, because it was paid out and you can't be certain that you will get it back. However, just remember that you will have to declare it as income.

[OverpaidAlimony]

I've been in contact with my payroll department, trying to get them to stop taking the alimony out of my pay, and they are telling me they need a court order and the decree does not qualify as a court order. The decree states alimony will be paid for 7 years from 1-1-2000, or until further order of the court. I have to go back to court to have the alimony stopped? What a sham.

[Bali Hai]

Originally Posted by OverpaidAlimony

I've been in contact with my payroll department, trying to get them to stop taking the alimony out of my pay, and they are telling me they need a court order and the decree does not qualify as a court order. The decree states alimony will be paid for 7 years from 1-1-2000, or until further order of the court. I have to go back to court to have the alimony stopped? What a sham.

Yeap and guess what? The court can decide to order you to pay for ANOTHER seven years on a whim!!

[LdiJ]

Originally Posted by OverpaidAlimony

I've been in contact with my payroll department, trying to get them to stop taking the alimony out of my pay, and they are telling me they need a court order and the decree does not qualify as a court order. The decree states alimony will be paid for 7 years from 1-1-2000, or until further order of the court. I have to go back to court to have the alimony stopped? What a sham.

Absolutely yes you need to take it back to court...that "or until further order of the court" changes things considerably.