My ex-husband is a pilot at AA and my spousal maintenance is deducted from his paycheck twice a month and goes through the Clearinghouse to my bank account. There have been times when my deposit was less than what was dictated by the judge. I was told by HR at AA that my ex is paid first and my alimony deducted after. So, if he calls in sick and has not sick pay in his 'bank', his pay is less than normal. Since he has auto transfers to his bank accounts, is that legal?
Spousal maintenance should be deducted before he’s paid. If your ex is periodically earning too little to withhold the entire amount, you may have to pursue direct collection of the difference.
But maintenance will fluctuate some for employees paid biweekly. Because there are 26 checks over 12 months, it may seem like you’re getting less than you should per month but it should correct itself when there are three paychecks per month.
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