Overpayment of support and reimbursement

[bobdobalina]

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

Hey everybody,

In the midst of a divorce; separated, but nothing final yet. It's starting to look like I have paid my wife six months of a significant amount more every month compared to guideline support. Let's say guideline is $1000 and I've been paying $2500. However, there has been no court order for temp spousal support (she is seeking one). Is there a possibility that I can be reimbursed for the months I "overpaid" if she is awarded temp support?

I have a feeling I'm SOL since there was no order, but thought I'd throw it out there for y'all to kick around.

Thanks,

BD

[Proserpina]

Originally Posted by bobdobalina

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

Hey everybody,

In the midst of a divorce; separated, but nothing final yet. It's starting to look like I have paid my wife six months of a significant amount more every month compared to guideline support. Let's say guideline is $1000 and I've been paying $2500. However, there has been no court order for temp spousal support (she is seeking one). Is there a possibility that I can be reimbursed for the months I "overpaid" if she is awarded temp support?

I have a feeling I'm SOL since there was no order, but thought I'd throw it out there for y'all to kick around.

Thanks,

BD

I'm thinking you're right but as you're in California I'll defer to other folk. Cali can be a little....odd. In its laws, anyway

[bobdobalina]

Originally Posted by Dogmatique

Cali can be a little....odd. In its laws, anyway

Ha! You should see some of the people!

[LdiJ]

Originally Posted by bobdobalina

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

Hey everybody,

In the midst of a divorce; separated, but nothing final yet. It's starting to look like I have paid my wife six months of a significant amount more every month compared to guideline support. Let's say guideline is $1000 and I've been paying $2500. However, there has been no court order for temp spousal support (she is seeking one). Is there a possibility that I can be reimbursed for the months I "overpaid" if she is awarded temp support?

I have a feeling I'm SOL since there was no order, but thought I'd throw it out there for y'all to kick around.

Thanks,

BD

I am pretty certain that you are SOL on getting any money back. You gave her the money voluntarily (without a court order) therefore the court really doesn't even have any jurisdiction to order her to pay you back.

[Bali Hai]

Originally Posted by LdiJ

I am pretty certain that you are SOL on getting any money back. You gave her the money voluntarily (without a court order) therefore the court really doesn't even have any jurisdiction to order her to pay you back.

Filing in small claims court worked for me, but my divorce was finalized at the time.

[bobdobalina]

Originally Posted by Bali Hai

Filing in small claims court worked for me, but my divorce was finalized at the time.

veddy eeenteresting...

What was the basis for your claim? Did you have a verbal or written agreement that was violated?

[LdiJ]

Originally Posted by bobdobalina

veddy eeenteresting...

What was the basis for your claim? Did you have a verbal or written agreement that was violated?

He had to have had something along those lines. Otherwise there wouldn't have been a basis for a small claims suit.

If I were to give a friend, let alone a soon to be ex spouse, 2500.00 a month for six months, with no agreement of any kind regarding repayment, I would have no basis for a small claims suit either.

The bottom line is that spouses have an obligation to support each other while married. If one spouse, voluntarily provides more support to the other spouse than a court would normally order, a judge would honestly have no jurisdiction to order the excess repaid, unless some sort of "contract" could be proven to have existed.

[Proserpina]

Originally Posted by LdiJ

He had to have had something along those lines. Otherwise there wouldn't have been a basis for a small claims suit.

If I were to give a friend, let alone a soon to be ex spouse, 2500.00 a month for six months, with no agreement of any kind regarding repayment, I would have no basis for a small claims suit either.

The bottom line is that spouses have an obligation to support each other while married. If one spouse, voluntarily provides more support to the other spouse than a court would normally order, a judge would honestly have no jurisdiction to order the excess repaid, unless some sort of "contract" could be proven to have existed.

Dude you can't have that back anyway. I already used it to buy a lifetime supply of Bare Minerals

[Bali Hai]

Originally Posted by LdiJ

He had to have had something along those lines. Otherwise there wouldn't have been a basis for a small claims suit.

If I were to give a friend, let alone a soon to be ex spouse, 2500.00 a month for six months, with no agreement of any kind regarding repayment, I would have no basis for a small claims suit either.

The bottom line is that spouses have an obligation to support each other while married. If one spouse, voluntarily provides more support to the other spouse than a court would normally order, a judge would honestly have no jurisdiction to order the excess repaid, unless some sort of "contract" could be proven to have existed.

Once the divorce action is formally filed with the court, OP has no obligation to provide support until he is ordered to do so.

This is what happens to "nice guys".

If he "gives" support money without a court order, he gets no credit at all and the judge is very proud of him or perhaps on the other hand thinks he should have done more.

If he gives nothing until an order is in place, the judge considers him recalcitrant and screws him over during the rest of the divorce.