Saturday, July 19, 2014

My ex is always late on paying child support and maintenance. What can I do?

Q:  My ex husband is continually late on child support and maintenance. According to our divorce agreement he is to pay me by direct deposit by the 1st of every month. However, it is always sent via bank auto pay, sent out around the 5th and I get it usually around the 10th-12th or so, which means that by the time I deposit it and it clears, it is closer to the 16th. We had a collaborative agreement and I am wondering what I can do to have him pay me by the 1st which is what he agreed to? I have asked him to pay me on time this month especially because I am going away and want to deposit the funds before I go and he has refused. Thanks.

A:  David's Answer:  First, suggest that he set-up an automatic bill pay with his bank. If he refuses such a reasonable request, file a modification petition & either ask that the support order by paid via Support Collection Unit or that he post an undertaking to "spot you" for the few days that he's late (such that you can then dip into those funds if you need to pay bills before you receive his late payment). Schedule a consult with a Westchester Family Law attorney for more info.   -- David Bliven, Westchester Family Law attorney (

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