QUESTION

If i am paying spousal support but court finds I dont have to pay alimony will that stop from the day I filed for divorce? or only when its final?

Asked on Mar 02nd, 2014 on Divorce - Virginia
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
That's a very good question.  The court has the power to do either.  I'm assuming that you are paying what's called pendente lite support, which is temporary support set up while the case is pending litigation.  This is usually established based on preliminary evidence, which may or may not be the complete picture.  At the final hearing, the judge could determine that you were paying too much all along and order any overpayment to be paid back to you.  This would usually be accomplished by deducting a certain amount from any future support payments.  However, I think it would be unlikely for the judge to order your spouse to actually cut you a check paying you back for the temporary support you provided.  If the support is terminated completely, it would be more likely that the judge would make that be from the date of the final hearing and not retroactive.  But it may depend on the particular facts of your case and your judge. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Mar 04th, 2014 at 12:32 AM

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