Winter Garden, FL asked in Child Support, Divorce and Family Law for Georgia

Q: Is child support/alimony considered late due to the bank transfer taking 3 business days?

I pay 2750 a month in combined child support and alimony on the 1st and 15th of each month, and I set up a payment through my bank into my ex’s bank typically a week before it’s due. The money always comes out of my account before the 1st or the 15th, but sometimes my ex gets it late due to the transfer. She claims she is going to file contempt of court because she’s getting it late, but will I even get in trouble due to the fact that it always comes out on my end on time? I live in FL and she lives in GA.

3 Lawyer Answers
Paul Ylvisaker
Paul Ylvisaker
Answered

A: With respect to child support and I suspect spousal maintenance as well the answer is “no”. While it is “due” on the 1st, it is not uncharacteristic for it to be paid on a person’s pay period end date, usually twice a month. For that reason, it is typical that a month’s support is not “late” until the the 1st day of the next month. It is also unlikely any claim of contempt would be determined in her favor. The typical standard is “knowingly, willfully, and voluntarily” refusing to pay. Your facts suggest the funds are withdrawn automatically or are at least transferred bi-weekly to her to coincide with your pay periods.

If you make payments as ordered and within the paramaters outlined above, you just have to listen to her complaining, but have little to be concerned with regarding legal action. Best of luck!

Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Yes it's late. No, you won't get in trouble. However, find another way to pay so she gets it on time. Zelle is free and instant.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: While it is technically late, it’s not likely something you will get into any kind of trouble over. You are still making the payments, but can’t control when the bank makes the transfers.

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