I was awarded lifetime spousal support from my ex until one of these things happened. He dies, I die, I remarry, or I live with someone else for 12 consecutive months. I got remarried in 03/2017 and sent a letter via USPS to his address of record. He continued to deposit the same amount of child and spousal support into my account.
For many different reasons, my current husband and I never combined households, therefore, I was still living in the home I bought before we got married with my 4 children. I continued to use the support my ex was depositing in my account to pay for all the expenses related to my house, which was where my children and I were living.
I sent another letter to my ex in 09/2017 notifying him that I had remarried, however, the spousal support kept coming in. It is important to note here that my ex has a very strong, documented history of ignoring my email communications concerning medical repay and has more than not been late repaying me. My PSA does not state in which manner I had to notify him and it did not say that I had to notify him more than once.
In 03/2018, I sent him a restricted, certified letter of notification which he chose to ignore. That letter was returned to me (which I have not opened) and I have the tracking record that shows he was left notices at his residence which he also chose to ignore.
We attended court in 08/2018 for a support change and my attorney advised the judge that there was no reason to discuss spousal support because I had remarried and had notified my ex. To that point, I had been remarried for 17 months and the spousal support paid during those months added up to $28,781.00 My ex is now taking me back to court in hopes I will have to repay him the money he says I "stole" from him since I had remarried.
Has anyone in Virginia had experience with an issue like this and do you think he stands a good chance of having that money awarded to him by the judge?