Decree signed 9/25...Court order is Spousal Maintenance of $2200 per month and Order states "All payments shall be made through the Support Payment Clearinghouse by Income Withholding Order, beginning the first day of the month after this Decree is signed and payable the first day of each month thereafter, until all required payments have been made. I know he was paid on 9/28, 10/12, and 10/26, but I have yet to receive a payment through the Clearinghouse. Is this acceptable to the Court? He wrote the Decree at his desk whilst I sat nearby and I know he was quite aware of his payment weeks, but didn't he agree to paying on "the first day of the month" by signing the Decree? Is it not his responsibility to adhere to what he signed? And does he get to "split" payments equally between pay periods, or does he need to pay the $2200 at one time? I signed the Decree based on being paid on the "first day of the month," but if he had written it to fit his pay schedule, I would not have signed it, He did transfer money to me mid-Sept to cover move in costs and on 9/28 for rent, so I could move out and get the divorce done on HIS schedule--is pre-Decree money a gift, or maintenance?
While maintenance is technically due on the first of the month, it generally isn’t considered late if not paid then. Counterintuitive, I know. The clearinghouse does garnish equally from every check. This takes awhile to get going so there’s often some delay at the beginning. It also means that some months you may not receive $2200 exactly since the obligation is annualized to all pay periods. Over the course of the year that would average out to the correct obligation.
The material on this website has been prepared and published for informational purposes only. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this website; nor should any of the information published on the website be construed as representing any of our lawyers' availability to practice in jurisdictions where they are not authorized to do so. Our attorneys are licensed to practice only in Arizona. None of these materials are offered, nor should be construed, as legal advice. Communication of information by or through this website and your receipt or use of such information is not intended to create an attorney-client relationship with Hall Underwood or any of the firm's attorneys. The creation of the attorney-client relationship would require direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and expresses the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice from an attorney licensed to practice in your jurisdiction. Please visit http://hallunderwood.com for more information.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements