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Overpayments

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jcs2024

New member
What is the name of your state?WA

Hi all

Thank you so much for this very helpful forum. Hoping someone can clear something up for me.
I'm in the process of divorcing at the moment.
I've agreed that in addition to whatever the calculated child support amount is, I'll pay my ex-wife spousal support for the next three years.
She's agreed to the amount and we're just waiting for everything to go through the system and be signed off by the court.
But I know that whatever the final monthly amount is, my wife is so bad at managing her money that it won't be long before she tells me she's short one month and needs extra money to cover something for the kids.
Of course in those moments I won't be able to let them go without if its important (say health related.)
So my question is if I give my wife extra money one month, can I call it an advance on the next month's payment and deduct it the following month?
I will have the kids 50% of the time so any cent I give her is one less I will have for providing for them, and after paying her each month I really won't have much to spare so this isn't a matter of me being mean or tight-fisted.

If I was $200 short one month I would certainly expect to have to make it up the next month so just wanted to check the same thing works in the opposite direction.

Very grateful for any insight here as I'm concerned that if this is not the case, my ex will spend all the child support and alimony on herself and then tap me for everything else on top beyond the scope of the amount ordered by the court.
 


stealth2

Under the Radar Member
It would very likely be considered a nice gift. You are expected to pay the ordered amount - as ordered. Anything above and beyond? Is nice of you.
 

jcs2024

New member
If that's true it's pretty crazy.
This means that I can't treat extra payments to her (due to her mis-management of her own finances) as an advance on the next month's payment.
So I would end up out of pocket (obligated to pay her more) and effectively punished for doing a good deed?...
 

stealth2

Under the Radar Member
If that's true it's pretty crazy.
This means that I can't treat extra payments to her (due to her mis-management of her own finances) as an advance on the next month's payment.
So I would end up out of pocket (obligated to pay her more) and effectively punished for doing a good deed?...
Courts don't make suggestions. They make orders. Nor do they tend to accept "yabbut" as an excuse... No one makes you give her extra payments.If you feel the need to cover something extra for the kids because she's "short"? Pay it directly to whoever, vs Mom. At least then you know the kids are benefiting.
 

ajkroy

Member
Since both of you seem to be agreeing at the moment, is there a way that she would agree to you splitting your spousal support payment up into multiple payments every month? Same amount of money for the total month, just smaller amounts more often.
 

Zigner

Senior Member, Non-Attorney
If I were to set up such a plan for spousal support, I would be very specific in the order. For example. If I wish to give my ex wife $500 per month for spousal support for three years, I might structure it as "$18,000.00 total spousal support to be paid at $500 per month over a 36-month period. Additional payments may be paid & applied when so designated and will serve to reduce the total remaining balance, but will not reduce the monthly payments until the full amount has been paid."

Please remember that child support is always fluid. Such a structure as I outlined above would only be useful for spousal support.
 

bcr229

Active Member
Another option if she claims that she's short and needs to cover something for the kids, is you pay that bill directly. You would still owe the court-ordered monthly amount though.
 

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