When is support due

[gemini3]

BM closed her case with DCSE a couple of months back, and asked that I start sending payments directly to her, which I have been doing.  I get paid on the firstm, and I send the check via certified mail on the 1st.  Normally, since we live in neighboring towns, it only takes a day for the check to get to her, but the last 2 months it's taken a couple of extra days.  As a result, BM is threatening me for being late on my child support payments.  

She wants me to give her the money during pick-up/drop-off times, or send it early (she "promised" not to cash it before the 1st if she got it before then - right).  I disagree with giving it to her early because (hello), it's illegal to post date or float a check.  I disagree with giving to her in front of the kids as well because I think that's exposing them to things they shouldn't be exposed to.

Is the court going to find me at fault for it being late if I have the certified mail receipt stamped the 1st?  I can't find anything that says when the support has to be paid.

[Jade]

>BM closed her case with DCSE a couple of months back, and
>asked that I start sending payments directly to her, which I
>have been doing.  I get paid on the firstm, and I send the
>check via certified mail on the 1st.  Normally, since we live
>in neighboring towns, it only takes a day for the check to get
>to her, but the last 2 months it's taken a couple of extra
>days.  As a result, BM is threatening me for being late on my
>child support payments.  
>
>She wants me to give her the money during pick-up/drop-off
>times, or send it early (she "promised" not to cash it before
>the 1st if she got it before then - right).  I disagree with
>giving it to her early because (hello), it's illegal to post
>date or float a check.  I disagree with giving to her in front
>of the kids as well because I think that's exposing them to
>things they shouldn't be exposed to.
>
>Is the court going to find me at fault for it being late if I
>have the certified mail receipt stamped the 1st?  I can't find
>anything that says when the support has to be paid.
>
>
>
>

The court may not give you credit for the support that you paid as child support and consider it a gift.  

If I were you, I would go and re-open the case and have it done via wage garnishment.  This way you have conclusive proof that you paid it and you save the cost of certified mail.  

[gemini3]

How would they not give me credit for the support I paid as child support and consider it a gift??  It says on the check "Child Support for the Month of _________", and I have a letter from DCSE that says to pay her directly.  

I think what you're saying only applies when you pay more than the set amount monthly and then try to claim that toward support.  I pay the exact amount.

I am going to open the case myself, however, it could take up to 2 months for them to start deducting it.  I'm just curious as to whether she's blowing smoke or actually could take me to court.

[leon clugston]

it could be a matter of what state,that decides on how easy it is going to be for you.

[Jade]

>How would they not give me credit for the support I paid as
>child support and consider it a gift??  It says on the check
>"Child Support for the Month of _________", and I have a
>letter from DCSE that says to pay her directly.  
>
>I think what you're saying only applies when you pay more than
>the set amount monthly and then try to claim that toward
>support.  I pay the exact amount.
>
>I am going to open the case myself, however, it could take up
>to 2 months for them to start deducting it.  I'm just curious
>as to whether she's blowing smoke or actually could take me to
>court.

Here is an example:

My ex and I got divorced last October.  Just before that, he messed around with the support (I stupidly didn't have it garnished from his wages).  

The court order on the day that we got divorced (we had gone in for a pendente lite motion, not to get divorced) stated that child support started that day.  Which meant that he had arrears.  It didn't matter that he had been paying and paid the arrears.  His checks had child support written on it.  

I even gave him a signed statement stating that there were no arrears, that he wasn't due to pay until his next paycheck.  And they wouldn't even accept that.  They sent me a form that I had to actually have notarized stating that he was current.  

Had I not done that, he would have had to pay an extra 2 weeks worth of child support.  And there wouldn't have been a thing that he could do about it.

[gemini3]

That doesn't make any sense at all.  It sounds like he was supposed to be making the payments to "them" (whoever the "they" is in your anecdote) and made them to you instead - which is different than my case.  How could DCSE order me to pay her directly, and then not give me credit for what I pay her?  Something must be missing from your story.  Thanks for your advice though.  I will definitely be opening my own case with DCSE.  

[Jade]

>That doesn't make any sense at all.  It sounds like he was
>supposed to be making the payments to "them" (whoever the
>"they" is in your anecdote) and made them to you instead -
>which is different than my case.  How could DCSE order me to
>pay her directly, and then not give me credit for what I pay
>her?  Something must be missing from your story.  Thanks for
>your advice though.  I will definitely be opening my own case
>with DCSE.  
>
>
They is the probation department.  And this was arrears from before the court order, where it wasn't ordered garnished from his wages but paid directly to me.  The court order, technically, should have started with his next paycheck.

Nothing missing from my story.  Just telling you what I had to do to clear the "non-existent" arrears in my ex's case.  

[jilly]

I wouldn't worry about it.  She's getting the money.  She's just pissed off because she's not getting it when SHE wants it.  The key word here is "threatening".  She's just trying to get you to do what she wants.  Call her bluff.

Not sure where you live but the weather could have played a role in the last 2 months payments taking a couple of extra days.  I doubt very seriously the court would give you much of a hassel over it.

Worse comes to worse and she does take you to court, just explain to the judge that you don't get paid until the 1st of the month and you mail the check the first of every month.  Bring in your receipts showing when it was sent and when it was delivered.  Maybe even request that the due date be changed from the 1st of the month to the 5th or something like that.

I wouldn't give her the money early either.  Or, if you do, I'd date the check for the 1st of the month.  Don't think the bank can cash it before the date on the check.  I'm not a bank teller so don't know that for sure.

[Jade]

>I wouldn't worry about it.  She's getting the money.  She's
>just pissed off because she's not getting it when SHE wants
>it.  The key word here is "threatening".  She's just trying to
>get you to do what she wants.  Call her bluff.
>
>Not sure where you live but the weather could have played a
>role in the last 2 months payments taking a couple of extra
>days.  I doubt very seriously the court would give you much of
>a hassel over it.
>
>Worse comes to worse and she does take you to court, just
>explain to the judge that you don't get paid until the 1st of
>the month and you mail the check the first of every month.
>Bring in your receipts showing when it was sent and when it
>was delivered.  Maybe even request that the due date be
>changed from the 1st of the month to the 5th or something like
>that.
>
>I wouldn't give her the money early either.  Or, if you do,
>I'd date the check for the 1st of the month.  Don't think the
>bank can cash it before the date on the check.  I'm not a bank
>teller so don't know that for sure.

Yes, the bank can and will cash a check before the date.  Had that happen to me once.

[gemini3]

That's strange...  Anyway, I'm pretty sure that won't happen in my case because I've followed the orders to the letter.