Legal Question in Family Law in Florida
My husband pays child support every month to his exwife, its due on the 1st of every month. Is there anything she can do if he is a day or two late every once in awhile? His previous attorney told him it is not considered late until it is past 30 days. His exwife is in an uproar saying she will have it garnished from his wages and she is getting on the phone with her attorney today to have this dealt with. Is he considered in contempt if he is making his payments every month?
2 Answers from Attorneys
Usually the late date is in the agreement. Most agreements say that support is late on the 5th or the 15th. If his agreement doesn't say, then, yes, he's late after the first, but I seriously doubt that a judge will care as long as his payment is received by her by the 5th.
Hello: I'll add another response....I agree, I doubt a judge would ever find one in contempt for being a day or two late. However, the Court could enter an order requiring the payment to be withdrawn from his paycheck if the ex asked the court to do that. I always look at that procedure as a time saver...the paying party doesn't have to write a check or bother with an envelope and stamp. If my office can be of any assistance, please give us a call. Tom Rosenblum
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