Legal Question in Family Law in Oregon

Re: termination of alimony

QUESTION:

The state will not prorate the amount for this month- leaving me to pay an extra 27 days of unwarranted alimony. Legally, am I able to pursue her to reclaim this money with any degree of success?

ANSWER:

NO. Your alimony payment for October became due and payable, IN FULL, on October 1 (unless the court judgment specifies some other "due date"). The fact that your ex remarried on the 4th day of the month does not provide for basis for "prorating" the October alimony obligation.

L.D.Gorin

PS: Next time you get a divorce, specify the support obligation "due date" as being the LAST day of the month. That way, upon death, remarriage, child attaining age 18 (or 21), etc., occurring before the last day of month, there would be NO obligation at all for that entire month.