Late Alimony Payments

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Latest post 11-23-2010 8:00 AM by JoBraver. 4 replies.
  • 11-22-2010 7:11 PM

    • mwl
      Consumer
    • Not Ranked
    • Joined on 11-22-2010
    • ME
    • Posts 1

    Late Alimony Payments

    My ex-husbund has no paid alimony on time for almost a year now. I don't recieve it until at best 23 days and up to 52 days after the month in which it was owed for.

    I derive a large percentage of my income from these payments and when he is this inconsistant and late it makes budgeting a nightmare. At the moment he is paid up in full. I have had to incur huge bank fees / interest charges as a result late and inconsistant payments. 

    What are the chances I may be able to recover some of these fees from him? In my mind its perfectly clear that he breached the contract and was the cause of these fees- but I wonder if the court would view it in such a way? I am leaning towards small claims court but other options open to me are motion to enforce or contempt of court.

    I don't think motion to enforce will help as he is now paid in full. Any ideas of how to recover any damages from him? To put this in proper context this has been an ongoing issue for years and I have no short of 6 letters written from my lawyer compaining of late payments.

    Any ideas as to the best way to handle this?

    Thank you!

     

  • 11-22-2010 8:30 PM In reply to

    Re: Late Alimony Payments

    mwl:
    What are the chances I may be able to recover some of these fees from him?

    Zero.

    If you didn't have the money in the bank you shouldn't have written the checks.

    mwl:
    In my mind its perfectly clear that he breached the contract and was the cause of these fees- but I wonder if the court would view it in such a way?

    No.

    mwl:

    To put this in proper context this has been an ongoing issue for years and I have no short of 6 letters written from my lawyer compaining of late payments.

    Any ideas as to the best way to handle this?

    Sure.

    You file for contempt WHEN and immediately upon him being late. You don't wait 30 or 50 days because that only teaches him that you'll wait 30 or 50 days and then just toothlessly complain. Having your lawyer write letters teaches him that the only thing you'll ever do is have your lawyer write letters. Also toothless.

    Your lawyer knows how to file emergency orders to show cause. Getting your ex in front of the judge with the risk of jail time facing him is about the only way you'll modify his behavior.

     

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  • 11-23-2010 7:34 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Late Alimony Payments

    Zero odds to get him to pay your bank fees etc.

    Now if he is late more than a a couple of days--you option is to seek contempt and sanctions. and seek that he pay all your legal costs .  A docuemented pattern of consistently late paymants should not be hard to posture as willful violation of the order?

    I don't know if your court goes for adding  interest to the equation---but I'd sure check it out and seek interest comperable to the market rates for unsecured consumer debt. (Like credit card rates)



  • 11-23-2010 7:57 AM In reply to

    Re: Late Alimony Payments

    I am sorry he is late, but why would you write checks 1) knowing his history of being late with payment and 2) knowing you did not have the money in the account to write the checks ?? 

    It is very unlikely the courts are going to do anything about this.  As you said, he is paid up now. You are partly responsible because you wrote the checks knowing you did not have sufficient funds to do so.  Stop paying your attorney to write him letters.  If he is late again, have your attorney file a motion for contempt and enforcement of the agreement.  You would  have to prove this is wilfull on his part and  you may not be successful at that.

  • 11-23-2010 8:00 AM In reply to

    Re: Late Alimony Payments

    Some states don't consider payments "late"  until a certain period of time and a certain amount of arrears based upon the charging day and a thirty day period of time.  Small claims court wouldn't have jurisdiction and if you file for contempt and he is paid up- he will , more than likely, not be held in contempt.

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