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Keeping documentation of alimony payments could be helpful

| Jul 11, 2018 | Alimony, Firm News |

Life between ex-spouses after divorce can sometimes be difficult or tense. This may be especially true if alimony payments are involved, as some divorced couples in Massachusetts may have noticed. There are many people across the country who have difficulty collecting their alimony payments and are forced to turn to the courts. However, there are times when the person paying alimony is falsely accused of failing to make payments.

One man was accused of failing to make his final alimony payment, which was due in 2010. The man first received a letter in 2018 from the probation department in charge of managing alimony payments. This letter claimed that there was no record of his final payment, which was supposed to have been paid in Nov. 2010. However, the man had kept detailed records of the alimony payments that he made over a 15-year period, as well as documents stating that he had been released from the payments after he retired. 

The man presented evidence of his payment — a dated pay stub — to the probation office, only to have it rejected. It was alleged that a mistake was made and that the payment was never received, and those working at the probation office insisted that the man resubmit his last alimony payment plus outstanding interest. One of the officials asked the man to speak with his employer to see what had happened to the payment, but because the employer had gone out of business several years before, that was not possible. 

Eventually, the man was given a choice. He could either work with his ex-wife and convince her to release him from the payment or he could file a motion with the court. The man chose to go to court. After presenting his evidence to a judge, it was determined that he had, in fact, fulfilled his obligations and that no payments were in arrears. 

Keeping accurate records of alimony or other support payments could be incredibly helpful to some divorcees. Massachusetts residents who wish to discuss divorce proceedings or current support payments could benefit from speaking with an attorney. Lawyers may be able to help their clients to adjust payment schedules or apply for payment reductions if they are having difficulty making the payments.