Can I deduct money from the alimony I pay? 6 Answers as of February 20, 2012
My ex owes me money. I pay him alimony. Can I deduct the amount from the money I have to pay him? My ex is refusing to pay me $850 dollars he owes me. May I deduct the money from the alimony I was ordered to pay him at our divorce? If, not, what is my recourse?Free Case Evaluation by a Local Lawyer!
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Peyton and Associates | Barbara Peyton
File a motion with the court for permission to make this kind of deduction. You should not unilaterally make such a deduction.
Answer Applies to: California
Replied: 2/20/2012
Jones & Williams | Elizabeth Jones
You cannot deduct what he owes from court ordered spousal support. If you have a written agreement or you can otherwise prove the debt take him to Small Claims Court and get a Judgment. Then you can levy on his bank account. But he just might pay up to avoid the hassle.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Frances Headley | Frances Headley
It is not wise to deduct money owed to you from a court ordered sum you are required to pay unless the original court order so provides. Given the amount due to you, you should consider a small claims action. You could then seek a court order allowing you to offset the amount due you with the support you must pay.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
Unless he agrees to this deduction from his spousal support, you must return to court on a motion or alternatively consider small claims court if this is your only issue. To deduct the amount due from court ordered spousal support runs the risk he may file a contempt motion against you for failure to pay.
Answer Applies to: California
Replied: 2/20/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You?should not deduct the debt from the Spousal Support that you were ordered to pay to your ex - to do so would risk Contempt of Court proceedings, interest accruing on the unpaid Spousal Support, and a possible attorney's fee order. To collect the debt, you would best file a Small Claims case for the debt, and once you get a judgment, apply for a writ of execution and have the sheriff levy the writ on your ex's bank account. Best not to lend money to your ex in the future.
Answer Applies to: California
Replied: 2/20/2012
Diefer Law Group, P.C. | Abel Fernandez
You should not deduct from alimony money owed on debt. Now, if the money is for some sort of support or payment on children's medical expenses I would say that is fine. But if he owes you for credit cards, etc, the correct answer would be no. However, I don't what they will do if you do withhold the amount.
Answer Applies to: California
Replied: 2/20/2012
