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Divorce Settlement - Overpaid my Spouse

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sc_coast

Junior Member
What is the name of your state (only U.S. law)? SC

I have my Divorce Decree from SC which was settled within the past 6 months. There was a mistake in the divorce final paperwork on the price of the home and I overpaid my spouse when buying him out of the property. How would you recommend that I recoup this money as my ex-spouse will not return any calls on the matter?
Note: the amount is $2500 and is due to a mistake in the identified tax purchase of the home versus what was testified during the divorce trial. We did not have a formal Discovery process so there was no paperwork during the trial to support the price. Is small claims court an option or would I need to re-open the divorce case within Family Court?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? SC

I have my Divorce Decree from SC which was settled within the past 6 months. There was a mistake in the divorce final paperwork on the price of the home and I overpaid my spouse when buying him out of the property. How would you recommend that I recoup this money as my ex-spouse will not return any calls on the matter?
Note: the amount is $2500 and is due to a mistake in the identified tax purchase of the home versus what was testified during the divorce trial. We did not have a formal Discovery process so there was no paperwork during the trial to support the price. Is small claims court an option or would I need to re-open the divorce case within Family Court?
I don't think you're going to be successful. You agreed to an amount and that amount was entered as an order.



(Bali would be so happy.)
 

single317dad

Senior Member
The proper venue would be the court which already decided the matter, where you'd reopen the case, which would be a very difficult undertaking to say the least. The attorney fees to even attempt it would probably exceed $2500.
 

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