Overpaid Alimony with Live-In Boyfriend?

[Rdubupset]

undefinedWhat is the name of your state? California.
I was paying my ex $1,000 per month for alimony and child support (family support). Her boyfriend moved in and lived with her 3 months until I said I wouldn't pay the full amount ($1,000) w/o going back to the mediator. She then had me pay her $800 per month for the next 4 months, which I originally verbally agreed to since it was a "gesture". He continued to live there and after 4 months of the $800 she again demanded the full $1,000. (Which I reluctantly paid until I could get in to see the mediator). Once we met with the mediator it was established that I was only to pay her $540 for child support and that there was no alimony to pay. So, If I go back to when her boyfriend (who she is now married to) moved in, I "overpaid" her $2,880 in alimony since he was living with her. Can I get that money back? Maybe small claims court? Please help. Thanks

[VeronicaGia]

Originally Posted by Rdubupset

undefinedWhat is the name of your state? California.
I was paying my ex $1,000 per month for alimony and child support (family support). Her boyfriend moved in and lived with her 3 months until I said I wouldn't pay the full amount ($1,000) w/o going back to the mediator. She then had me pay her $800 per month for the next 4 months, which I originally verbally agreed to since it was a "gesture". He continued to live there and after 4 months of the $800 she again demanded the full $1,000. (Which I reluctantly paid until I could get in to see the mediator). Once we met with the mediator it was established that I was only to pay her $540 for child support and that there was no alimony to pay. So, If I go back to when her boyfriend (who she is now married to) moved in, I "overpaid" her $2,880 in alimony since he was living with her. Can I get that money back? Maybe small claims court? Please help. Thanks

You can try to get it back in small claims court, or you can ask the judge to modify the order back to the date you filed for the modification. However, keep in mind she will likely whine that it will somehow hurt the child financially if she has to repay the money.

you can try but you probally wont win so then youll be wasting more money