Deanna D. Cook


It is well known that non-conforming payments or overpayment of support will not entitle a payor spouse to future credit against his obligations. This continues to be the rule in Virginia. In the case of Sanford v. Sanford, the Virginia Court of Appeals reversed the trial court's decision to credit excess spousal support payments made by the husband against his future obligations. The husband agreed to pay spousal support pursuant to a property settlement agreement, which was incorporated into the parties' final divorce decree. The husband was then terminated by his employer, but he received one year severance pay. Based upon this change in circumstances, the parties voluntarily amended their previous agreement and reduced the husband's monthly support to $5,600 per month, the amount of the severance pay. The husband's previous employer was to pay the support directly to the wife.

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