Over-payment of alimony

[Radia]

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

My ex is currently paying me 100$ a month over the court ordered Spousal Support amount. He makes his payments split into two checks a month that are supposed to be half each check, however the first one each month is 100$ over. The payments come straight to me, no form of clearing house or county disbursement unit or anything.

I have notified him several times but he refuses to reply, its possible he has me blocked from email. He was so angry over the courts decision that he has not talked to me since then.

Should I be putting this extra into an account in case he decides to go after the back support, or is this, like child support, "a gift"?

Thanks in advance!

 

[mistoffolees]

Why don't you do the right thing and send him the excess by mail and let him know that he's paying too much?

 

[Proserpina]

Why don't you do the right thing and send him the excess by mail and let him know that he's paying too much?

That would be the right thing to do.

But legally, I don't think the OP is obliged to do that.

 

[Radia]

Why don't you do the right thing and send him the excess by mail and let him know that he's paying too much?

At the moment he is deployed and I don't have an address, only email addresses.

He also vacated his apartment when he deployed so if he doesn't give me an address when he returns (since he isn't answering me) I don't know where to send it.

hmmm, so maybe I should hang onto it in case he decides to not make a payment because of the over payment, or if he decides to file for the overpayment, or until I can get him to respond?

 

[mistoffolees]

At the moment he is deployed and I don't have an address, only email addresses.

He also vacated his apartment when he deployed so if he doesn't give me an address when he returns (since he isn't answering me) I don't know where to send it.

hmmm, so maybe I should hang onto it in case he decides to not make a payment because of the over payment, or if he decides to file for the overpayment, or until I can get him to respond?

If he's deployed, I'd hold onto it and give it to him when he gets back.

 

[LdiJ]

At the moment he is deployed and I don't have an address, only email addresses.

He also vacated his apartment when he deployed so if he doesn't give me an address when he returns (since he isn't answering me) I don't know where to send it.

hmmm, so maybe I should hang onto it in case he decides to not make a payment because of the over payment, or if he decides to file for the overpayment, or until I can get him to respond?

I would recommend that you open a savings account and put the money there. I completely disagree that you should send it back to him.

There are actually 13 four week periods in a calendar year. 52/4 +13. It may be that the extra 100.00 is designed to deal with those extra 4 weeks...it all depends on how your court orders are worded.

One reason or another, he has a reason for doing that. He isn't likely to be doing that just to mess with you. It would be more than a bit silly. If you put the money aside, then you will have it available to pay back if the issue ever arises and its determined that you owe the money to him....if the issue never arises, then you will have a nest egg to use for future emergencies.

 

[Radia]

Thanks Misto