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Should you keep records if you pay spousal support?

Spousal support, unlike child support, is not heavily regulated by the state government. Couples are free to waive spousal support or set their own amounts. There are some general guidelines to guide the parties but they are not binding, unlike child support. In fact, a judge does not even need to review a spousal support agreement if all parties are able to agree to the terms.

In short, you should definitely keep records of any spousal support payments you made. You should keep records of receipts acknowledging successful delivery and acceptance of the check. Note the time and day it was received ideally, you will also want a signature from your ex-spouse. Also consider tracking the bank that the check originated from and any other identifying information, such as the bank it was deposited to.

Spousal support disputes do arise and when and having accurate and thorough records can play an important role in receiving a favorable resolution. The court will want evidence proving that regular support payments were being made. Hopefully, you should be able to trust your ex-spouse but it is better to be prepared, just in case. Honest disputes arise and that can confuse or cloud the issues. Records are the most efficient way to ensure that your arguments are heard.

If you are paying spousal support then you may want to speak to an attorney. A lawyer can go over your situation and advise you of the records you should maintain to ensure that you are protected in the event that a dispute arises. Life happens. Checks can arrive late. A person can lose their records. It is up to you to ensure that you have sufficient records illustrating your consistent payment of spousal support and, if you unable, your justification for why you were late.

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The Smith Law Offices, P.C.
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