I have a child support, alimony payment that I make each month. The Alimony part of the settlement was suppose to end after 3 years, but it has continued for an extra 3 years. How to I get the Alimony part of the support payment to stop.
2 Answers from Attorneys
Assuming that the court did not change the order to continue Alimony past the three year time limit, you would file a motion to terminate the collection of Alimony and for the repayment of the overpayment.
You could also contact her and inform her that if she does not stop the collection of Alimony immediately you will file a motion and request that she repay the over payment.
Consulting with an attorney regarding the status of the order for the payment of Alimony would be a prudent move on your part.
If your order is in San Diego County and payment is being made by wage assignment, you may be able to have the court issue a new wage assignment deleting the spousal support. Also, you may be able to have your overpayments credited to your ongoing child support, however, before you do this you should have an attorney run a new child support calculation. If you shake the tree, the other parent may move to increase the child support. Having an experienced attorney go through the legal and personal strategy may save you a substantial amount in the long run. My typical fees would be $75 for the consultation, $95 for the new wage assignment. Would need a copy of your current order and the wage assignment. Good Luck, Pat McCrary
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