QUESTION: 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?
MY RESPONSE: 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.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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