I have a stipulated agreement to pay monthly support to my wife. Our judgment is not final. I am also paying the monthly payments for 1000s of dollars in credit card debt. Can I deduct her half from my support payment?
Divorce / Separation Lawyer
Not unless you have a written agreement allowing you to do so. Unless the support order provides for offsets, you will have to wait to collect reimbursement items. If it is significant or if you are unable to pay both, file a Request for Order with the court asking her to pay her share or allowing the offset.
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2 lawyers agree
Divorce / Separation Lawyer
Unfortunately you cannot offset the credit card payment from your spousal support obligation without a court order. You may be entitled to reimbursement of payments you make of community property debt after you separated, but will likely be reserved as a trial issue. I am including links below regarding support and other common issues which typically occur in divorce cases. Good luck.
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1 lawyer agrees
Child Custody Lawyer
I agree with my colleagues. In addition to what they have suggested, you CAN pay less if your wife will "stipulate" to the offset. One way she may agree if she realizes you are able to ask for attorney's fees at the time you file your motion due to her refusal to settle the matter outside court--especially if your request is reasonable, e.g. you truly cannot afford to pay both spousal support and the $1000 in credit-card debt. (Don't forget that for every dollar you pay, 50 cents is your legal responsibility.)
Many times, when parties work together in the spirit of cooperation, they can stipulate to many interim orders--the purpose of which is to, amongst other things, reduce the number of legal issues the court needs to resolve.
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