In an actual case, a divorced man wins fight against making alimony payment a second time.
“To come to someone after eight years and say we have a missing payment… then I give evidence and they won’t accept the evidence? That’s absurd,” Thomson told Bamboozled. “They are insisting I must pay again, and are threatening me with court action, payment of outstanding interest on the money since 2010, and a lien.”
The State, acting on behalf of his ex-wife, pursued him for a missed payment from EIGHT years prior. Thankfully, his wages were garnished at the time. His employer’s records and his own pay-stubs evidenced that the “missed” obligation had in fact been paid.
In Alabama, everytime a court-ordered monetary obligation comes due, a judgment is rendered against the obligor. This means that interest begins accruing.
Lessons:
1. If you have court-ordered monthly payments (or any court-ordered monetary obligations), keep records of each and every payment.
Thomson wants people to remember they should always keep records of court-ordered payments, no matter how many years pass.
2. Obtain receipts from the person which you gave the money.
3. Preferably pay by check. If you pay cash, obtain a receipt from the payee.
4. Payments for expenses of the child or payee do not count as payment for the court-ordered obligation. Therefore, pay the monies directly to the payee. Never pay something on behalf of the payee in lieu of the court-ordered monetary obligation.
