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Do I still pay Alimony if not filed for divorce yet

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califdad

Junior Member
What is the name of your state? CA

I've been separated for a year and pay about 45% of my income to my spouse. This number was based on a very rough guess an attorney gave of what I might pay for child support and alimony based on a bogus scenario. The actual scenario is she makes more and I have the kids more than when I did the estimate. My question has 3 parts -1) By law do I have to pay any child support or any alimony before we file? 2) If I pay an amount less than what the court finally decrees, or we agree on in mediation, will the court make me pay the difference in arrears? 3) Do I get any "credit" for paying all this time? What if it was more than the court awards her or mediation agrees to? Okay I guess it is really 4 questions. Help – about to settle soon and broke!
 


califdad

Junior Member
Verbal Agrement

CA-

No court order, no written agreemnt, nothing other than the fact that I've been paying it. Essentially I told my spouse that I would pay whatever the court would order and since the estimate was around $1800, that is what I've been paying. There is no firm agreement and absolutely nothing from the court saying I have to pay anything. The mediators that we are now going to said that if I had not been paying all along the court would make me pay everything that was shy of what they finally agree I have to pay. For example if the court does decree that I have to pay (fake number) $2,000 and I paid ony $1,800 I would be responsible for the $200 difference x 12 months of separation, so $2,400.

It seems insane that I have to guess what I should pay and then if I'm wrong, I'm screwed for anything that was short, but get nothing back if it was too much.
 

LdiJ

Senior Member
califdad said:
CA-

No court order, no written agreemnt, nothing other than the fact that I've been paying it. Essentially I told my spouse that I would pay whatever the court would order and since the estimate was around $1800, that is what I've been paying. There is no firm agreement and absolutely nothing from the court saying I have to pay anything. The mediators that we are now going to said that if I had not been paying all along the court would make me pay everything that was shy of what they finally agree I have to pay. For example if the court does decree that I have to pay (fake number) $2,000 and I paid ony $1,800 I would be responsible for the $200 difference x 12 months of separation, so $2,400.

It seems insane that I have to guess what I should pay and then if I'm wrong, I'm screwed for anything that was short, but get nothing back if it was too much.
Personally I think its wise that you are paying it. The bills are getting paid and your credit isn't getting damaged as a result. Just get the divorce over with so that you know the final numbers.
 

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