Alimony has been prepaid beyond the date it would expire. (Utah law states that alimony can only last as long as the marriage) They deny the prepayments yet we have all of the bank records that support the prepayment. As a matter of fact he has over paid. $142,000. Not sure what to do.
The court can order alimony as monthly payments or as a lump sum. Typically alimony will have a due date by which it must be paid but not necessarily a penalty for paying early. I would recommend consulting with an attorney who can review the papers and documents that you have to advise you on your specific scenario.
I agree with the above answer. Unless there is a specific provision in the divorce decree that penalized for a lump sum payment (which would be odd) you will be fine. You might want to consider a few things before doing so, like: Do you trust your ex to manage the money properly if there are children involved, or would it be better for her to receive it monthly? Can you benefit by holding on to the money? A very brief consultation with a family law attorney will answer any questions you have and ensure you are protected.
Keep the records. There isn't much to do except not pay anything additional and wait to see if they try to file an order to show cause. If they do, he will file a response stating that he prepaid and provide all of the records.
If they have an attorney contacting you regarding the matter I would suggest speaking with the attorney and telling them you have records showing it has been prepaid.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline