Overpaid Alimony

[OverpaidAlimony]

What is the name of your state? Michigan (Ex wife lives in Ohio)

My spousal support has been automatically deducted for my paycheck since my divorce. I assumed it would stop when the contracted time (7 years) was up (started 01/01/2000, should have ended 01/01/2007). The payments never stopped, and it has now been overpaid for a year now and I'm tryng to get it stoped. Is there any hope of getting the overpaid alimony returned?

[Bali Hai]

Originally Posted by OverpaidAlimony

What is the name of your state? Michigan (Ex wife lives in Ohio)

My spousal support has been automatically deducted for my paycheck since my divorce. I assumed it would stop when the contracted time (7 years) was up (started 01/01/2000, should have ended 01/01/2007). The payments never stopped, and it has now been overpaid for a year now and I'm tryng to get it stoped. Is there any hope of getting the overpaid alimony returned?

Yeap there sure is, you can ask her for a refund or take her to small claims court.

I did exactly that and of course asking for the refund is just a formality, she came thru with the dough with interest one day before the court date.

[OverpaidAlimony]

Thanks. I've overpaid by over $15,000. Does this qualify for small claims court?

[Golfball]

Originally Posted by OverpaidAlimony

Thanks. I've overpaid by over $15,000. Does this qualify for small claims court?

$15k is almost certainly far too large for small claims court.

Why have you let it go on this long? (And that will almost certainly be asked, and it is quite relevant. You'll need to document your efforts to get it terminated.)

I don't know if you'll get it back in one chunk, either. And if you claimed payment of it on your taxes in 2007, you may not get any back, either, or at least the argument could be made that you have at least partially benefited from it.

[OverpaidAlimony]

I was off by a year on when I thought the alimony was suppose to end. My eldest turned 18 last year, my youngest turns 18 this year, and I was thinking her support stopped between the childrens birthdays. I was expecting the alimony to stop by the end of January, but then it was again deducted from my February paycheck. Upon looking back through my decree, I realized it should have stopped a full year earlier. I have contacted my payroll department to stop further deductions. I am now wondering if I have any hope of getting any of that money back. Thanks for the advice.

[Bali Hai]

Originally Posted by Golfball

$15k is almost certainly far too large for small claims court.
Why have you let it go on this long? (And that will almost certainly be asked, and it is quite relevant. You'll need to document your efforts to get it terminated.)

I don't know if you'll get it back in one chunk, either. And if you claimed payment of it on your taxes in 2007, you may not get any back, either, or at least the argument could be made that you have at least partially benefited from it.

No problem, if small claims court is limited to $5k, file THREE times!!

[Bali Hai]

Originally Posted by OverpaidAlimony

I was off by a year on when I thought the alimony was suppose to end. My eldest turned 18 last year, my youngest turns 18 this year, and I was thinking her support stopped between the childrens birthdays. I was expecting the alimony to stop by the end of January, but then it was again deducted from my February paycheck. Upon looking back through my decree, I realized it should have stopped a full year earlier. I have contacted my payroll department to stop further deductions. I am now wondering if I have any hope of getting any of that money back. Thanks for the advice.

You know, I've been thinking about this and it was up to her to refuse any further payment after the judgement was satisified. She clearly stole that money and is in contempt of court!!

I just saw Judge Judy last night (on tv) and someone "found" a cell phone, waited one month and then ran up a $1000 bill on it. Judge Judy ruled that the person who "found" the cell phone had no right to use it and made them pay back the money owed on the bill.

Likewise, OP's ex-wife had NO RIGHT whatsoever to use the money that did not belong to her!!

[Silverplum]

Originally Posted by Bali Hai

No problem, if small claims court is limited to $5k, file THREE times!!

Bali, you know that's not valid legal info.

Play nice with the guests. Mess with your friends.

[Bali Hai]

Originally Posted by Silverplum

Bali, you know that's not valid legal info.

Play nice with the guests. Mess with your friends.

Yes you're right Silver, I let my emotions get the better of my judgement and I recant that statement.

After careful consideration I think OP might look into persuing the matter in criminal court!! His ex-wife had no right to keep that money!!

[Silverplum]

Originally Posted by Bali Hai

Yes you're right Silver, I let my emotions get the better of my judgement and I recant that statement.

You're a stand-up guy, Bali.

Originally Posted by Bali Hai

After careful consideration I think OP might look into persuing the matter in criminal court!! His ex-wife had no right to keep that money!!

Yes, I totally agree with you on that.
I don't know how he'd do in criminal court, but I see it as theft, also.

As usual, he ought to consult a local attorney who specializes in this junk and see how the local winds tend to blow on this issue.

[Ohiogal]

Originally Posted by Bali Hai

No problem, if small claims court is limited to $5k, file THREE times!!

He can't do that.

[OverpaidAlimony]

I'm been overly cooperative with my ex. I never went back to have child support adjusted, even though it was calculated on earning for that year that have never been met since. I have never asked my ex to reimburse me for her share of the kids health care (as stated in the divorce decree). I have never asked my ex to reimburse me for the time the kids spent with me that could have been reimbursed (per the decree). Yet, she is living in a house with a new roof and new windows, while my house needs both of those, and I haven't had the money to repair. I'm not looking to do something that isn't right. I'm only looking to seek return of what is rightfully mine - - i.e. the alimony that was paid that shouldn't have been.

[Bali Hai]

Originally Posted by OverpaidAlimony

I'm been overly cooperative with my ex. I never went back to have child support adjusted, even though it was calculated on earning for that year that have never been met since. I have never asked my ex to reimburse me for her share of the kids health care (as stated in the divorce decree). I have never asked my ex to reimburse me for the time the kids spent with me that could have been reimbursed (per the decree). Yet, she is living in a house with a new roof and new windows, while my house needs both of those, and I haven't had the money to repair. I'm not looking to do something that isn't right. I'm only looking to seek return of what is rightfully mine - - i.e. the alimony that was paid that shouldn't have been.

None of this has any legal bearing on your case except your last statement.

I suspect you have a clear understanding of how courts deal with husband's during divorce. The laws are written to protect wife's interest and you can bet your @ss that if YOU were overpaid by her, she would go to court and get that money back along with your left nut!!

[OverpaidAlimony]

I realize that. I was really looking to see if there was any legal precedence to giving me snowballs chance of getting any of the overpaid alimony back. We have a group legal plan here that I participate in. . . I will contact them to see my options. Thanks for your help.

[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.