Overpaid alimony, ex won't return. What are my options

[coolhandluke]

What is the name of your state (only U.S. law)? CA

My divorce case is still ongoing.

Last hearing time, the amount of alimony has been readjusted as a temporary injunction due to decrease in my income.

My ex and her ambulance chaser went after my paycheck and put a lien (correct term??) against it.

My attorney failed to tell me about it and I sent her a payment on the day it was due. Two days later I got my paycheck, less the deduction for alimony.

I sent an email to my ex and she is ignoring me.

What is my legal option to officially ask for this overpayment back ? Do I have to file in small claims court ? Or should I send a certifed letter to her attorney ? It is a thousand dollars and not chump change for me at this moment ?

Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My divorce case is still ongoing.

Last hearing time, the amount of alimony has been readjusted as a temporary injunction due to decrease in my income.

My ex and her ambulance chaser went after my paycheck and put a lien (correct term??) against it.

My attorney failed to tell me about it and I sent her a payment on the day it was due. Two days later I got my paycheck, less the deduction for alimony.

I sent an email to my ex and she is ignoring me.

What is my legal option to officially ask for this overpayment back ? Do I have to file in small claims court ? Or should I send a certifed letter to her attorney ? It is a thousand dollars and not chump change for me at this moment ?

Thank you.

Since your divorce is still ongoing it needs to be dealt with, within your divorce.

 

[Proserpina]

Since your divorce is still ongoing it needs to be dealt with, within your divorce.

...and via his attorney.

 

[Bali Hai]

What is the name of your state (only U.S. law)? CA

My divorce case is still ongoing.

Last hearing time, the amount of alimony has been readjusted as a temporary injunction due to decrease in my income.

My ex and her ambulance chaser went after my paycheck and put a lien (correct term??) against it.

My attorney failed to tell me about it and I sent her a payment on the day it was due. Two days later I got my paycheck, less the deduction for alimony.

I sent an email to my ex and she is ignoring me.

What is my legal option to officially ask for this overpayment back ? Do I have to file in small claims court ? Or should I send a certifed letter to her attorney ? It is a thousand dollars and not chump change for me at this moment ?

Thank you.

Why did they garnish your wages? They couldn't do that without a court order.

You would think that the stbx and her attorney would show "good faith", do the right thing and return what is rightfully yours. Please keep us informed.

 

[coolhandluke]

Why did they garnish your wages? They couldn't do that without a court order.

You would think that the stbx and her attorney would show "good faith", do the right thing and return what is rightfully yours. Please keep us informed.

I had a brief stint of unemployment and when I come out of it, for a few months my catch up payments were sporadic, even though I filed for readjustment of support in two weeks after my unemployment which was never heard at court up until last month. After the last court date I made two payments of ordered amount. One was on time, second one was 15 minutes late on a friday evening and posted on her acct on Monday. I am thinking they showed a combination of these to garnish my wages. Plus my stbx is not happy about the reduction in alimony and very vindictive. I am sure she has a finger in it but I am trying to keep my contact with her to a minimum. So I did not ask why.

So, can I have a certified letter delivered to her attorney and ask this monies to be returned to me in good faith ? I want to do it myself so that I don;t pay another $100 in attorney's fees using my attorney. Is it possible ? Or more importantly Legal ? And how long does she have to respond to my return request under such circumstances.

Thanks again.

 

[mistoffolees]

I had a brief stint of unemployment and when I come out of it, for a few months my catch up payments were sporadic, even though I filed for readjustment of support in two weeks after my unemployment which was never heard at court up until last month. After the last court date I made two payments of ordered amount. One was on time, second one was 15 minutes late on a friday evening and posted on her acct on Monday. I am thinking they showed a combination of these to garnish my wages. Plus my stbx is not happy about the reduction in alimony and very vindictive. I am sure she has a finger in it but I am trying to keep my contact with her to a minimum. So I did not ask why.

So, can I have a certified letter delivered to her attorney and ask this monies to be returned to me in good faith ? I want to do it myself so that I don;t pay another $100 in attorney's fees using my attorney. Is it possible ? Or more importantly Legal ? And how long does she have to respond to my return request under such circumstances.

Thanks again.

Are you in arrears? That is, have you made up ALL (100%) of missed payments?

 

[Bali Hai]

Are you in arrears? That is, have you made up ALL (100%) of missed payments?

In case you haven't guessed already, misto doesn't care about your problems, he, like a machine, like a court, wants to make sure that your ex is taken care of first before any futher conversation.

If you have any problems after paying and sleeping over a building vent on the side walk, contact Dear Abby.

BTW, 15 minutes late, is 15 minutes late.

 

[mistoffolees]

In case you haven't guessed already, misto doesn't care about your problems, he, like a machine, like a court, wants to make sure that your ex is taken care of first before any futher conversation.

If you have any problems after paying and sleeping over a building vent on the side walk, contact Dear Abby.

BTW, 15 minutes late, is 15 minutes late.

Bali, what's your problem?

In case you've forgotten, this is a legal site. He has a legal question and I'm trying to provide a legal answer - unlike you. In order to provide an answer, it is important to know if there are arrears - since it sounds as though his payment history was spotty.

I know you feel that you've been mistreated and will therefore assume that the entire world is out to mistreat men, but that's just not the case.

i-hate-women-because-i-am-unable-to-think-straight.com is down the hall. That's where you belong. Or get some professional help.

 

[tuffbrk]

When you say a lien - is it in fact a wage assignment that is paid to a court trustee who in turn pays your ex?

If so, a copy of your cancelled check should be submitted to the court during your divorce to ensure that you are properly credited with the additional payment.

You should have been copied on any type of garnishment, wage assignment, etc.

 

[Tex78704]

...My ex and her ambulance chaser went after my paycheck...

As a side note to your current problems, you should be careful how you use the term 'ambulance chaser' with regards to your wife's attorney. While you may be rightfully angry, if you get too fast and free with that or similar terms in emails or comments to your wife or anyone else, it could come back to bite you. Folks have been sued by attorneys for making this type of remark.

So, can I have a certified letter delivered to her attorney and ask this monies to be returned to me in good faith ? I want to do it myself so that I don;t pay another $100 in attorney's fees using my attorney. Is it possible? Or more importantly Legal? And how long does she have to respond to my return request under such circumstances.

Since you have an attorney, her attorney will simply disregard your letter and not communicate in any way directly to you.

 

[CourtClerk]

Your EMPLOYER is supposed to serve you with a copy of the IDO/EWO or any writ they were served with...

so go ask your payroll department where it is.

 

[Bali Hai]

As a side note to your current problems, you should be careful how you use the term 'ambulance chaser' with regards to your wife's attorney. While you may be rightfully angry, if you get too fast and free with that or similar terms in emails or comments to your wife or anyone else, it could come back to bite you. Folks have been sued by attorneys for making this type of remark.

Since you have an attorney, her attorney will simply disregard your letter and not communicate in any way directly to you.

OP did not refer to any attorney using the term "ambulance chaser". It appears that some attorney's may have a guilty consience hearing this type of name calling.

I know that my ex's attorney didn't like being called a jerk. If you own it, you wear it.