Does a judge go by the postmarked date of a mailed support payment or the date you get it in the mail?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a judge go by the postmarked date of a mailed support payment or the date you get it in the mail?
He is sending payments postmarked the day before they are 30 days late and I am getting them on the 30th day. Will he be considered in violation of the court order?
Asked on December 15, 2012 under Family Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the court order is that he must make or provide the payments by the 30th, then as long as they are sent (postmarked) by then, he is complying with the order. If the order is that you must receive them by the 30th, then he would not be in compliance. If the order is somewhat unclear or ambiguous on this point, then he is most likely in compliance--typically, when there is an obligation to do something, it is to do it (e.g. mail it) by the date.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.