QUESTION: My divorce agreement stipulated I had alimony payments from June 2009 to September of 2012. I started paying my alimony and child support in April 2009. since I am 3 months ahead, can I terminate my payments three months early?
MY RESPONSE: It is the divorce Judgment, not the divorce "agreement", which contains the orders that you need to obey. If the divorce Judgment requires you to pay Spousal Support until September, 2012, you should pay until September, 2012, even though you started paying Spousal Support earlier than the date set forth in the divorce agreement. It isn't worth the risks that you would face for you to stop paying earlier. The cost of defending against a contempt of court or other enforcement procedures, and the 10% interest rate on support arrearages comprise other reasons to comply with the divorce Judgment's orders. It is unlikely that the Court would order your ex to reimburse you for the three months of earlier payments, and if you file a Request for Order seeking such reimbursement, the Court could possibly require you to pay some or all of your ex's attorney's fees in connection with those proceedings.
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