More details to this question:
My boyfriend was ordered by a judge to pay his ex wife $600 a month in alimony. In the decree it says he SHALL pay $600 a month and that he MAY pay $300 on the 1st and 15th. He wrote his ex wife asking for permission to pay $150 a week and she agreed. Now she wants to take him to court because she hasn't always received $300 on the 1st and 15th. Hes been paying for a year now and has always paid $600 a month. My question is, in the decree since it states he MAY pay $300 on the first and 15th and she agreed to it, we have the email printed out, can she take him to court for this and win?
1 ANSWER
If your facts are correct, the dispute makes no sense. If he really was paying weekly, he was paying early, for which there can be no penalty. See http://willicklawgroup.com/interest-penalties/. He may also have been paying too much, as explained below.I suggest that if you go to court (or negotiate to conclusion) you arrive at a single expected means of payment of support due, and then comply with it to avoid confusion.He may have been paying too much because if he really paid $150 per week every week for a year, he paid $650 a month instead of $600, because three are 52 weeks in a year ($150 x 52 divided by 12 = $650).
Answered on Feb 03rd, 2014 at 5:59 PM