Legal Question in Family Law in Virginia
Alimony problems
I was married April 3, 2003. Prior to this I was receiving alimony on the 1st of every month. My ex husband claims that I need to pay him back for the month of April because I got married two days after my scheduled payment. Is this fair?
1 Answer from Attorneys
Re: Alimony problems
Why worry about issues of fairness, ethical considerations or the possible recriminatory motives of a jilted ex-spouse in making such a demand?
The payment was due on the first. It was paid.
You, presumably deposited the money shortly thereafter, and may well have even spent it on April 2, 2003. No prorations are in order under these circumstances. ((I'm assuming, of course, that there's nothing in the alimony clause in your
property settlement agreement or in your final decree of divorce which would require such a refund under these circumstances.)
Tell your ex that you'll consider his April payment a wedding gift of sorts and that you'll not be making any refunds any time soon, thank you.