Legal Question in Family Law in New York
Alimony question
My fiance was ordered to pay $50 alimony for 4 years, or until his ex was remarried. She remarried on June 12th of this year. My fiance does not owe any arrears, and the support is taken right out of his paycheck. My fiance is still paying alimony, even when she is married. They said we had to go back to court to get that changed. So we sent in court papers. Our court date isn't until September 7th. My question is, were they supposed to hault the alimony until the court date? If she recieves the money up until then, will he get the money back from her, since she isn't entitled to it any longer? How is that going to work? We can't afford an attourney, we are scraping to make ends meet now. People are just giving us a runaround. I would like to please know what to expect. If you could help out, that would be great. I really appreciate your time. Thank you so much.
2 Answers from Attorneys
Re: Alimony question
Your Fiancee is entitled to any money paid to his ex after the marriage, the way I read your question, he is not obligated to make any more payments after the date of the marriage if what you report is an accurate recital of the divorce agreement.
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Re: Alimony question
Generally, an Ex Spouse is entitled to receive back the sum total of any and all spousal support overpayments made on account.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ