How to recoup an overpayment of spousal/child support?

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How to recoup an overpayment of spousal/child support?

My wife and I separated 16 months ago. She doesn’t work so I agreed to pay for everything and give her cash for food and extras for the kids while she looked for work. She never found work so I paid this entire time. Now we’re divorcing and there is a temporary order for alimony and child support which is about half what I was giving her. When we go to court for final orders, is there any way I can recoup some of the money I paid as overpayment of alimony or child support?

Asked on November 27, 2012 under Family Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This would not be an overpayment of alimony or child support because you volunteered to give such monies.  However, you can ask (always ask) for an accounting if your lawyer advises it would be successful and ask for an adjustment based on the support you gave.  The court, however, will probably look at this as a gift and not order restitution post-order but may wind up asking many more questions of the other spouse regarding the inability to pay.


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