If he shorted you and your agreement says it has to be paid by a particular date each month, then you can issue a ‘show cause’ for him breaking the agreement. If you ‘let it slide’, he may continue to short pay. Now, issuing the show cause and going through the legalities takes time so it won’t be an immediate fix. BUT if he broke the agreement, most likely he will have to pay your legal bills to persue it. Talk to your lawyer tomorrow about it.
Great advice… What about filing a complaint for Money Owed? Isn’t that the same thing or is it different?
[i]Originally posted by comingclean2[/i] [br]If he shorted you and your agreement says it has to be paid by a particular date each month, then you can issue a 'show cause' for him breaking the agreement. If you 'let it slide', he may continue to short pay. Now, issuing the show cause and going through the legalities takes time so it won't be an immediate fix. BUT if he broke the agreement, most likely he will have to pay your legal bills to persue it. Talk to your lawyer tomorrow about it.
Well, I believe when it goes to court, he will be shown to be in ‘arrears’. He will have to repay OR proove he has paid. Now consider this–he can pay the arrears at any time before court time. I’m not sure of any penalties. My experience is with child support, not alimony. Maybe a ‘show cause’ will light a fire and make him pony up the balance.
This is when you get your spreadsheet out where you document payments so you can have all the information you need. Keep cancelled checks, bank receipts and emails concerning alimony. The burden of proof is on HIM to show he HAS paid. Your records are your back-up.
If you have a Separation Agreement and he is not paying the agreed upon amount of alimony the way to enforce this is to file an action for Breach of Contract. You may want to go through with it so he realizes your serious, if you file you may not need to follow it all the way through court, however I assume your agreement indicates if either party breaches the losing party pays attorney’s fees.
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I was shorted half of the alimony this month that is stated and agreed upon in our sep. agreement. Should I enforce this by taking it to court and filing a complaint, should I let it slide this month? I depend on this income to uphold my household until I am self sufficient. He threatenes every month to “cut me off”, “take me out”, etc… but this is the first time he actually shorted me. I am seeing my lawyer tomorrow but in the meantime any advice would be appreciated.