Legal Question in Family Law in Georgia

Refusal of mail by CP

My husband is responsible for paying 50% of all out-of-pocket medical expenses. Because of past problems with his ex (CP)claiming she is not receiving timely payments, we send all mail to her and the children via certified mail. She wrote us and told us that she will no longer accept certified mail because she does not have time to go pick it up at the post office. She refused the last certified letter which contained a medical expense check. Is my husband subject to contempt for non-payment if he has done due diligence with trying to pay her and we have evidence of sending it and her not claiming it? We plan to retain the original, refused letter and present it as evidence when she attempts to countercharge him with contempt during our hearing for contempt charges against her for denial of visitions.


Asked on 10/23/03, 1:55 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Refusal of mail by CP

There's a lot of information missing here but I'll make some general comments. Visitation and child support are different issues. You cannot deny someone visitation rights because the child support is not current. Her request that you quit sending certified is not unreasonable. It's hard to get down to the Post Office. Why don't you send it with a return receipt from the postman so that you have a record that it was placed in her mailbox? I think certified is overkill. Resend the check immediately first class mail or return receipt requested. You can submit the unclaimed letter and it may help soften the punishment, if any, but you need to go ahead and pay her what is due prior to the hearing otherwise you may not get much sympathy from the Judge.

Read more
Answered on 10/23/03, 2:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia