Legal Question in Family Law in California
Can a spouse who has been ordered to pay temporary spousal support (by a temporary order) and is clearly paying too much based on his income use the "overpayment" as a credit when dividing the remaining assets of the marital estate? Or is spousal support and property assets two different issues?
Asked on 9/02/10, 1:32 pm
1 Answer from Attorneys
Only if the court has reserved jurisdiction to retroactively adjust the amount paid under the temporary order. The better course would be to seek a modification of the temporary order rather than risk not getting the overpayment back.
Answered on 9/07/10, 1:39 pm
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