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did I start paying alimony too soon?

Discussion in 'Alimony & Spousal Support' started by seethelight, May 20, 2016.

  1. seethelight

    seethelight Law Topic Starter Guest

    I need some clarification on the official start date for alimony. I agreed to pay my wife 5 years/60 payments of alimony. We filed the divorce (pro se) 10/13/11 and I also made the first alimony payment in October 2011. There was some delay with the child support worksheet (because we agreed on a higher amount than the worksheet indicated), so the judge signed the judgement 1/6/12 and it was filed 1/11/12.

    Am I correct that the 5 years began in October 2011 when we agreed & filed, or should I not have started paying until January 2012? And, if I started paying too early, is there anything I can do about the payments made in Oct, Nov & Dec of 2011?

    Thanks for your help!
  2. ElleMD

    ElleMD Well-Known Member

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    It starts from the effective date of the order. Prior to that, you were married and the money was hers as much as yours.
  3. adjusterjack

    adjusterjack Super Moderator

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    Those three payments could be construed as temporary spousal support during separation but if you want credit for them you will have to get the judge to sign off on it.

    I suggest you file a Motion for Clarification and ask the judge for a ruling that the 3 payments be including in the 5 year obligation. Without such a ruling, your 5 year obligation began in January 2012 and ends with January 2017 and the extra 3 payments are bye bye.
  4. army judge

    army judge Super Moderator

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    Alimony, or "spousal support" isn't the same thing as "child support".

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