What to do if court ordered spousal support is being returned to not having a current address?
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What to do if court ordered spousal support is being returned to not having a current address?
We have had court ordered spousal support returned due to my husband’s ex refusing mail from us and moving out of state. She has not provided us her current address, even though it was court ordered.
Asked on September 5, 2018 under Family Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When the support is returned to (from your question, it appears that you are mailing it), keep the returned envelopes or other proof of return; even if you void the checks out, put the money aside, in a separate bank account so you have it available at need. Keep evidence (e.g. emails) of all your attempts to contact her and get a new address, etc. You want to be able to prove when she almost inevitably does seek the support (e.g. goes to court and tries to claim you are not paying it) that you have the money and made good faith efforts to pay it, but that she did not cooperate; that way, your husband should be able to avoid liability.
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