Legal Question in Family Law in Minnesota

Re: Recouping Overpayment of Spousal Maintenance

As you must know, your circumstance is somewhat unusual -- few people overpay their spousal maintenance obligation, wittingly or not. For the moment, you are able to recoup your overpayment through an offset against your monthly obligation. After your obligation terminates, the county cannot offer collection assistance, since there is no longer an underlying maintenance obligation to collect and distribute. You will therefore be left with ordinary creditor's remedies. This means you may be required to obtain a judgment and attempt to garnish her wages or her bank account.

It is possible you can recover against an unsatisfied property settlement, perhaps by agreement with her, although that too will likely require that you obtain a judgment against her for the remaining balance due.

If you obtain a judgment, be sure you docket the judgment in her county of residence, or in any county in which she owns property, since the judgment will effectively become a lien against real estate in that county and will have to be paid when the property is sold.

Feel free to contact my office if you have futher questions or concerns. My contact information is below.

Good luck.