Legal Question in Family Law in Oregon
termination of alimony
My ex wife remarried on the 4th of Oct. According to our divorce decree, I am no longer bound to pay spousal support when she remarries. However, all child support and alimony payments are automatically deducted from my paycheck. The state has been notified of her remarriage, but say they 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?
1 Answer from Attorneys
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.