Legal Question in Family Law in Virginia
Spousal Support
During my separation, I was ordered to pay ''support and maintenance'' to my ex with the first payment due in August, 1994 & continuing until 'further order of the court'.
In the final order it states that, '' support and maintanace is to be paid to my ex with the first payment to begin on the first day of the month after entry of the final divorce decree and is to continue until 120 payments (10 years) have been made''. The final decree wasn't entered until March 1996.
Taking into account that I began paying support and maintenance as ordered by the court since August of 1994, I have indeed paid my ex support and maintainace for 10 years and 120 payments.
My ex is arguing that the support and maintenance payments that I made during the temporary order doesn't count, only those payments made after the final divorce decree was entered.
I feel:
a). I have indeed fulfilled my obligation; I have made 120 payments equaling 10 years of support and maintenance.
b). The support & maintainance payments that I began making in Aug, 1994 cannot be treated as if they never happened.
c).It is impossible to have a first support payment due in 1996 when I'd already been paying the same since 1994.
Who's right? Thx!
1 Answer from Attorneys
Re: Spousal Support
Your former wife's interpretation is the correct one. What you were paying her prior to the entry of the final decree was undoubtedly what's known as pendente lite or temporary support designed to assist your ex-spouse with her support and maintenance during the separation period
However, the ten year 120 payment clock on your case, so to speak, referenced in your final decree did not begin to run until the first month (April 1996) after the entry of the final decree and will have run its course, approximately, in March, 2006.
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