QUESTION
Is he entitled to reimbursement of the 21 months of payments she received after becoming remarried?
Asked on Nov 01st, 2013 on Divorce - Michigan
More details to this question:
My son recently found out that his ex wife remarried 21 months ago. He is paying spousal maintenance but according to his divorce decree, those payments stop once she remarries. Do they only stop once he petitions the court for modification or termination of maintenance payments?
7 ANSWERS
Bruce Provda
They would stop as of the date he petitioned for the modification.
Answered on Nov 06th, 2013 at 2:51 PM
The supported spouse is supposed to let the other side know when remarriage occurs. It does not need a court order to terminate. There already is a court order for it to terminate the minute the supported spouse remarries. Get an attorney and pursue reimbursement. Your husband should talk to a family law attorney in your community to protect his rights and seek reimbursement.
Answered on Nov 06th, 2013 at 2:50 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Should have been automatic once the Clerk of Court learned of the marriage. He needs to file motion, any payment back to him is up to your Judge.
Answered on Nov 06th, 2013 at 2:46 PM
No they stop by operation of law. He should ask her for reimbursement or petition the court.
Answered on Nov 06th, 2013 at 2:44 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
they should stop upon her marriage. you will need to provide proof to the Court of the remarriage, i.e., a marriage certificate, etc., and then file a motion in the court for reimbursement in the amount of the alimony overpayment. Should be a simple matter.
Answered on Nov 06th, 2013 at 2:44 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Did she have a duty to inform him? File a motion to terminate the maintenance and for contempt for not telling him. It is up to the court (and the specific language of the divorce decree) on whether she will have to reimburse him.
Answered on Nov 06th, 2013 at 2:41 PM
Divorce Attorney serving Bloomfield Hills, MI
at
Catchick Law, P.C.
Update Your Profile
Your son should ASAP file a Motion with the Court and ask that: 1) spousal support immediately stop; and 2) the ex-wife reimburses your son for all the payments he made after she got married, on the basis of fraud. Time is of the essence in your son's case, so please ensure he doesn't delay!
Answered on Nov 06th, 2013 at 2:34 PM