Me and my ex drafted, signed and notarized a Mediated Property Settlement and Separation Agreement. In there it states that “All payments shall be made on or before the 1st day of each month…”. Approximately two years ago my ex emailed me indicating “semi- monthly payments were fine as long as the amount is correct” to coincide with my pay periods. I am paid on the 1st and 15th of each month. If I were to challenge this in court, is the money pulled once per month or semi-monthly based on my pay period? Is it available to her immediately on the 1st and or 15th of each month. What would you feel the court would order?
Since you have a separation agreement, you would not be in court unless you or your ex-spouse filed a breach of contract action alleging that the other violated the agreement.
It’s common to make payments to the other spouse when the coincide with the payor’s paycheck dates. If one of you were to file a new child support action, then a judge is likely to break down a monthly payment to be paid at the time you receive your paychecks.
If child support is ordered through family court, then it is the payor’s responsibility to ensure the payment is delivered to the other parent. If child support is ordered through child support enforcement court or through the local child support agency, then the payments will likely be garnished each time you receive a paycheck.
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