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  • Just Wondering....

    Good Evening,

    Could someone please explain the wording in my court order, for spousal support.



    "The respondent shall pay the applicant spousal support every second week in the amount of $$$$ commencing on (date) and payable on the 1st and 15th of each and every month thereafter until further order of the court"

    Sometimes there are 3 - (2week) periods in a month.
    Which one applies? 1st and the 15th only or the every second week, both are stated in the order.

    Thanks ~ Darlynn

  • #2
    It is worded poorly, but I would say the spirit and intent of the clause is that support be paid twice a month. There is a third bi-weekly date after the first in every month (always the 29th)
    except February.

    eta: Forgot about leap year. Sometimes in February as well.

    Comment


    • #3
      Hi Mess,

      Thanks for your reply, appreciate it.

      Yes, I agree it is worded very poorly, like someone was talking out of both sides of their mouth.

      I guess I should explain.... My ex has rarely if ever paid on the 1st and the 15th of each month, as stated in the order, (due to his pay periods) Sometimes, it could be the second week , before I get my first payment for that month.
      In hindsight, probably something I should have mentioned to my lawyer at the time the order was written?
      Lets' say I receive my first payment on the 3rd of a month(which will be March 2010) that has a third bi-weekly date. Two weeks later. the 17th.....The next 2week period brings it up to the 31st. correct?(he will refuse to pay)
      Then in April it would be paid on the 14th.
      Thats' my reason for asking... a month I would not be receiving support from the Mar. 17th to April 14th.
      He reads it twice a week, and disregards the dates.

      I just find it very confusing! He has always paid every two weeks, regardless, unless of course there happens to be that third week then he doesn't want to pay.

      Just wondered what was right.
      Thanks again.

      Comment


      • #4
        Do you know what your annual SS is? Take that number and divide by 24 (for payments on the 1st and 15th) and 26 (for bi-weekly payments).

        Comment


        • #5
          tilt.....

          Thanks for the info....I did that calulation and it came out to the correct amount he pays on the 1st and the 15TH, (in the court order) but as I previously mentioned, he NEVER pays it on those dates,it is direct deposited into my account, when he gets paid. But it still doesn't alter the fact, that it states both in the order 1st and 15th and every second week. He just wants to pay twice a month, and dis-regards the dates set out in the order.
          So, divide by 26, for the bi-weekly payments if he was paying me in that respect.

          Comment


          • #6
            I'm trying to understand whether you are concerned just about the dates, or the overall amount....

            You say he is paying you bi-monthly (twice a month i.e. 24 payments per year).

            What is the amount of each payment,
            Annual amount / 26? (you are getting shafted by 2 payments)
            or
            Annual amount / 24? (this is correct)

            Comment


            • #7
              Hi Dinkyface,
              I got to tell u I have been confused about this court order since the first time the issue of the 3rd(2week) pay period came up.

              At this point I'm not sure what I'm more concerned with....but of course if I'm being shafted by 2 payments, that is certainly a concern.

              Pehaps u can figure it out....

              He pays 580.00 every two weeks....

              Take this March for instance...payment dates will be as followswhich by the way he has 3 pay periods)federal gov)
              March 3rd....March 17th...March 31st(this he will refuse to pay) but yet once we get into April he will not get paid again until April 17th, at which time, he will pay me. (Too long to go with out support)
              He doesn't realize its' every two weeks, or the 1st and the 15th. Its whatever way works for him.

              So in answer to your question its' 580.00 twice a month /24 payments per year.

              Have I confused you even more? I still am....

              Thanks again

              Comment


              • #8
                Generally every two weeks as in pay weeks normally means the two extra payments are not included, as when I pay cs the third pay months do not go to her. Of course the total annual amount comes out proper.

                Comment


                • #9
                  Your court ordered is worded in such a way that it can be read to contradict itself for those months where he has 3 pays. Though if it's laid out for the 1st and 15th, using your March 31 example...that should be used to cover your APRIL 1st payment.

                  Personally were I you, as long as he is paying you the correct amount over the course of the year, I would just plan my bills ahead of time to compensate, you can easily figure out WHEN you are going to get the money knowing his pay schedule and when he sends you the cash.

                  Your other choice is to go spend the $$$ on a lawyer to have the wording altered accordingly. (ie. lay out 24 payments on the 1st and 15th of each month, OR 26 payments for bi-weekly.)

                  24 payments would be the 580/bi monthly...26 drops it to 535/bi-weekly.
                  End result is the same amount.

                  Comment


                  • #10
                    Hi, and thanks for the replies...

                    Well, I'm going to leave sleeping dogs lie..(so to speak).he will NOT communicate one on one, and I know for a fact he would never change the amount from $580 to $535 bi-weekly especially if he pays nothing at all, in the 3rd week.
                    .
                    I was just wondering about the "wording" of the order. I do agree tho' it does contradict itself. Not worth it at this point to pay lawyer fees etc...., to even bother.

                    Thanks to you all .... you have certainly cleared that up for me.

                    Have a great day!

                    ~Darlynn

                    Comment

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