Legal Question in Family Law in Texas

Should woman pay back an overpayment ($18,000.00) her ex's bank accidently paid

The court ordered my ex to pay a certain amount,appro. $3100/mo,to me for 5 yrs. He changed banks and had his new bank begin automatic deposit into my account just as the prior bank was suppose to halt. Neither he nor I noticed the total of $18,000.00 coming or going. The first bank acknowledges that they were requested to stop auto payment though not in writing, yet. Should I have to pay him back? I had access to similar balance when married for 13 years. 2 children with joint custody (equal time shared)


Asked on 9/17/03, 5:08 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Should woman pay back an overpayment ($18,000.00) her ex's bank accidently

It sounds like you got $18,000 more than you are entitled to receive.

You are entitled to what the court ordered you to receive.

He is free to take you back to court to get the rest of the money back.

If you are not entitled to the money, then you should not spend it.

You can't receive money by mistake, spend it and then claim innocence.

What you received before the divorce is irrelevant.

I hope this helps.

Fran Brochstein

713-847-6000

www.famiylaw4u.com

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Answered on 9/17/03, 4:00 pm


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