Legal Question in Family Law in California
Child Support Payments to Spouse
I am to pay $345 on the 1st and the 15th to my xspouse. There was no wage garnishment put into place at court. My question is if I mail it to her certified and it is postmarked the 1st or the 15th is that abiding by the court order or must she have it by those dates. I have been giving it to her mother postdated and she has been putting them in early. I want to correct this. Would I be better off asking for a wage garnishment.
2 Answers from Attorneys
Re: Child Support Payments to Spouse
Mail the check so that she receives in about the date that it is due. A day one way or the other should not be a problem.
A wage assignment has the advantage that you are out of the loop and she cannot complain about you being late. If a wage asignment does not unfavorably impact your relationship with your employer, it is a good way to solve this problem.
Re: Child Support Payments to Spouse
The earlier reply from Mr.Johnson is correct. You would be fine if you dated the checks on the date due and mailed it on the date due. The courts are dealing with payors who do not pay at all or are chronically late. They're not going to think much of someone a few days or a week late.
A wage garnishment should not be a problem, by law, with your employer.
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