What are my rights concerning alimony in a divorce case if the other party has remarried? 6 Answers as of July 23, 2011

My ex has remarried. How do I stop the alimony? How do I get what I've overpaid?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I assume that the alimony is being deducted from your salary pursuant to a Wage Assignment. Ask your ex-wife to stipulate to termination of Spousal Support and reimbursement of the Spousal Support paid after she remarried. If she refuses, file an Order to Show Cause for that relief. You would best retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 7/23/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Typically, an order to pay alimony will terminate upon the remarriage by the receiving party. You'll need to file an Order to Show Cause to terminate the support order and request repayment of support paid past the date of remarriage.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You may cease paying alimony immediately as well as file an Order to Show Cause to terminate support. Any payments made after the date of marriage would be required to be paid back to you.
Answer Applies to: California
Replied: 7/19/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
You need to go back to court to terminate support based on his remarriage.
Answer Applies to: California
Replied: 7/19/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
IT depends upon what your court order says. In most cases spousal support terminates upon death or remarriage of the other spouse. You need to read your court order. A good idea would be to come into see an experienced family law attorney to help you understand this as it is very important to you financially.
Answer Applies to: California
Replied: 7/19/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    By operation of law, your ex's right of spousal support ceases when that marriage took place. If you have overpaid and your ex is unwilling to repay you, I would consider filing a motion in your old family law case to ask for reimbursement of support overpayment.
    Answer Applies to: California
    Replied: 7/19/2011
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