what specific day is my alimony due? and when is it considered delinquent?

[blueladder]

I am recently divorced. My marital dissolution agreement states that I must pay alimony to my ex-wife. It reads: The husband shall pay alimony in futuro in the amount of $xxx.00 per month, effective December 1, 20xx. (We had had a temporary spousal support order during the divorce proceedings, effective August 1, 20xx.) My ex-wife is insisting that means the alimony is due on the 1st of each month and I'm late it arrives after that. I've seen other orders that actually state the specific date the payment is due...e.g., due the 15th of each month. Is the 1st of each month the date my alimony is due and I am in contempt after that? I am retired and only get paid once a month at the end of each month. That is my only source of income and she knows that. I am getting her alimony checks to her by the first week of each month and I've never missed any. This past month only had 29 days in it, so according to her.. the check is already late. If I have to have them there by a specific date, I would need by the 7th or 10th of each month to allow for mail and such. I'm just getting really tired of all of her abusive emails from her. I divorced her because she is such a difficult person in so many ways. I know I can't explain all of this to her, because once she thinks something...she's sure she is 100% correct. I would like to find a way to resolve this constant harassment and know for sure if there is a certain date I am required to have alimony to her.

 

[LdiJ]

I am recently divorced. My marital dissolution agreement states that I must pay alimony to my ex-wife. It reads: The husband shall pay alimony in futuro in the amount of $xxx.00 per month, effective December 1, 20xx. (We had had a temporary spousal support order during the divorce proceedings, effective August 1, 20xx.) My ex-wife is insisting that means the alimony is due on the 1st of each month and I'm late it arrives after that. I've seen other orders that actually state the specific date the payment is due...e.g., due the 15th of each month. Is the 1st of each month the date my alimony is due and I am in contempt after that? I am retired and only get paid once a month at the end of each month. That is my only source of income and she knows that. I am getting her alimony checks to her by the first week of each month and I've never missed any. This past month only had 29 days in it, so according to her.. the check is already late. If I have to have them there by a specific date, I would need by the 7th or 10th of each month to allow for mail and such. I'm just getting really tired of all of her abusive emails from her. I divorced her because she is such a difficult person in so many ways. I know I can't explain all of this to her, because once she thinks something...she's sure she is 100% correct. I would like to find a way to resolve this constant harassment and know for sure if there is a certain date I am required to have alimony to her.

I would interpret that to be that your payment is due on the 1st as well. However, if you are only getting it to her a few days late, that is not really problem. It may however be wiser to set it up as an autodraft from your account and a direct deposit to hers. That would avoid mail time.

 

[stealth2]

That is how I would interpret it, as well. And agree with the direct transfer (I cannot tell you how much more convenient it was when my ex had child support simply transferred. LOL Likely why he stopped it!).

 

[cbg]

Unless the order specifically says otherwise, I would interpret it to mean that it is supposed to be in her hands on the 1st, and it is late if it is not in her hands until the 2nd.

Whether the courts in your jurisdiction would see it as contempt if you are consistantly getting it to her a few days late but consistantly getting it to her, I can't say. But I think it would be well worth your while to look into LdiJ's suggestion.

 

[punchcard]

The language identifies December 1 being the effective date of the order and states payment is per month. Without any other date listed regarding the alimony, December 1st would seem to be a reasonable due date for the support, but that by itself doesn't in fact mean that your marital dissolution agreement is that the due date is December 1.

Since you send off an alimony check once you receive your retirement check, wife may have a hard time claiming interest on late payments and in trying to hold you in contempt by using December 1 as a due date. But, as you imply, that may not stop her from believing that she can.

As for a potential way to resolve the constant harassment you receive from her about this, there's autodraft/direct deposit as one of the other esteemed posters mention. Also, have you spoken to the people sending you your retirement check and ask them what they need to authorize them to send part of that money to your ex so that it goes directly from them to your ex? Even if they do not result in the money getting to her by December 1st, perhaps if she sees that she gets her money the same time you do, she may decide to not continue to harass you about this. If possible, you could pay ahead by one month and make two payments this month (e.g., send payments for March 1st and April 1st today) so that future payments could be there by the 1st. Then, a payment she received on April 10th, for example, would be there by her May 1st due date. Also, have you considered not using emails to communicate?

Some other Qs: Did any of your prior spousal support orders mention a specific due date? What date did you pay by based on your temporary spousal support order? Also, what is the name of your state?

 

[Bali Hai]

I am recently divorced. My marital dissolution agreement states that I must pay alimony to my ex-wife. It reads: The husband shall pay alimony in futuro in the amount of $xxx.00 per month, effective December 1, 20xx. (We had had a temporary spousal support order during the divorce proceedings, effective August 1, 20xx.) My ex-wife is insisting that means the alimony is due on the 1st of each month and I'm late it arrives after that. I've seen other orders that actually state the specific date the payment is due...e.g., due the 15th of each month. Is the 1st of each month the date my alimony is due and I am in contempt after that? I am retired and only get paid once a month at the end of each month. That is my only source of income and she knows that. I am getting her alimony checks to her by the first week of each month and I've never missed any. This past month only had 29 days in it, so according to her.. the check is already late. If I have to have them there by a specific date, I would need by the 7th or 10th of each month to allow for mail and such. I'm just getting really tired of all of her abusive emails from her. I divorced her because she is such a difficult person in so many ways. I know I can't explain all of this to her, because once she thinks something...she's sure she is 100% correct. I would like to find a way to resolve this constant harassment and know for sure if there is a certain date I am required to have alimony to her.

If you got the check to her a day earlier than what she perceives to be the "due date", she would still find something to complain about.