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How can I get my ex to pay my maintenance on the 1st when it is due instead of 2-6 days late? He says he has 30 days to pay me.

Lake Oswego, OR |

My ex husband and I have been divorced for over 2 years. He always deposits my maintenance into my bank account 2-6 days late, but I tolerate it. He is currently 4 days late, and told me he has up to 30 days to pay me. Do I have any legal recourse? He is self employed. Taxes are not deducted from his check and he pays taxes quarterly . What can I do to get him to pay my maintenance on time? Do I have to use an attorney or can I handle this through the courts myself? If I hire an attorney, can I get him to pay my attorney fees?

Attorney Answers 1


Child support is due on the day of the month that your judgment says it's due. Period. There is no grace period unless your judgment provides for one. When a person fails to do what a court orders him or her to do, a contempt action. The typical contempt action is a remedial contempt action. It is intended not to punish, but to compel compliance. However, once the child support payment is made, your ex husband has complied and remedial contempt is not an option. If you need the payment by the first of the month and your ex husband cannot get it to you by then, you may wish to consult an attorney experienced in Oregon family law about modifying the due date to a day of the month that he can comply with and that gets you the payment when you need it.

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