Legal Question in Family Law in California
In 2009 when I got divorced I started paying alimony and child support right away in April although the court ordered payments as of June. Can I use those three months as credit?
Asked on 1/24/12, 3:14 pm
3 Answers from Attorneys
PATRICK MCCRARY
PATRICK MCCRARY
There is no certain answer to your question without a review of your file. The general answer is probably not unless the order references the prior payments.
Good Luck, Pat McCrary
Answered on 1/24/12, 4:34 pm
Rhonda Ellifritz
Law Offices of Rhonda Ellifritz
Mr. McCrary is correct, most likely you cannot get credit. If you didn't pay, she would have been entitled to file immediately for temporary orders, and it is likely a court would see this the same way. You are better off doing a stipulation rather than volunteer payments regarding spousal support because you can't claim it on taxes until it is court ordered.
Answered on 1/24/12, 8:28 pm