HomeChild SupportChild support “late” -how late is late in California?
Posted in Child Support on 2nd December 2010

Child support “late” -how late is late in California?
We have been paying my husbands child support up to two weeks late the last few months due to some financial issues that came up. Communication with the mom is not possible, she emails and texts him that she has a lawyer and they are keeping track of all communication which starts at day one of being “late” and that they are taking him to court for being late. He has never been more then 2 weeks late and the payment is in full. We will more likely be late for another two months until we can get it together, we are trying and doing what we can to get on track. Can they do that? Seems like a waste of court time and she wants us to pay for the lawyer and all cost to take him to court.
so then they can take us to court for being up to two weeks late? The “pattern” is recent and more likely for another two months. This is crazy. She has emailed me awful hate emails pretending to be the son and he now “hates” us and we dont see him. It all started because we wanted him to spend more time with us so he can spend time with his 3 year old sister. She says “why”, whats the big deal and then it all started. He is 18 and still in school so the nightmare will soon be over but its an awful situation because we have a 3 year old that now doesnt know her brother due to her bitterness.
She says this is why we are late but it really isnt. We have been trying to sell off everything we own to get on track and are almost there. One has nothing to do with the other.
Let me ask this then. The order states ” Petitioner shall pay….. the sum of $ per month, payable one half on the 1st and 15th days of each month…” Those are his pay days. So how soon after his pay day is she supposed to have the check? As mentioned before, we have been selling what we can to make ends meet so that is why we have it to pay it in full although late. We are hoping to sell big items which will bring in a big sum and not 100 here 50 there. Our house payment went up, my pay was cut and he no longer has overtime. We are doing what we can and she wont hear it and has turned his son against all of us.

Best answer(s):

Answer by Common Sense
Late is one day late, technically. Ignore the bitch, and she can’t have you pay for a lawyer to use against you either.

Answer by LovesTheConstitution
If the court orders support to be paid on the 1st of each month, it is late if it is paid after the 1st.

If he is not in compliance with the court order, he can be held in contempt, especially when the record of payment shows a pattern of ignoring the court order.

The good news for your husband is that most jails are overfull. The courts are reluctant to send someone to jail for very long, if at all, unless they are awaiting criminal trial or awaiting transfer to prison. Some judges, however, get creative and impose other punishments. Be very careful.

Answer by amazing0@att.net
it makes me sick how a women can try and juice a man for all his money……… tell that bitch to get a job

Answer by candy g
ignore the bitter hag and send a letter to the office dealing with your child support case, let them know that you are currently dealing with these issues and that the matter will be resolved in the very near future, keep them in the loop and as this is the office that would take you back to court regarding non payment / late payment if you at least keep them informed they are hardly likely to haul you back into court for this matter……chit he owed me in the thousands and it was a royal pain trying to get it enforced and yep this was in california………..they really have better things to do than use the courts for her bitterness.

Answer by Artemis Gwen
Late is anytime after payment is supposed to be made.

I know that California is especially tough with regard to child support issues, but in any jurisdiction he could be taken to court over being late.

If you were in, say, Washington State, I would recommend that you send a letter to the ex that explains in detail the reason for the late payments and tells her when they will end. The letter would also apologize sincerely for the late payments and would include an offer to pay HER late fees if his late payments have caused her to make any late payments. Washington won’t allow a parent to be held in contempt for late payments, even chronically late payments, if the full payments are made within the 30 day period unless the payments are late because of bad faith. So it is a completely different situation.

For a California parent, I would still recommend sending the letter because the explanation, apology, and offer to reimburse her for late fees will make your husband much more sympathetic to a future judge. (And could be the difference between him being ordered to pay her attorney fees or not.) BUT my primary recommendation is to do whatever you can to get back on track as quickly as possible.

Edit:
You should seriously ignore “Motherhood is Cool.” She doesn’t sound as though she knows what she is talking about for the State of California. That your husband is paying the full amount two weeks after-the-fact indicates that he does have the income and/or resource to pay on time. This will allow her attorney to argue he is making the payments late because of bad faith – and if her lawyer can persuade the judge of this then your husband WILL be found in contempt. By sending his ex wife a letter (as I recommended above), he is creating a record that will allow him to DEFEND against a claim of bad faith.

Answer by Motherhood is cool!
These people on here are ridiculous!

Okay, technically speaking late is late, but that is on paper, that is not how the court system works. Child support recovery will not even send you a letter informing you that you are late until you are 30 days behind.

Now, if the mom is talking to a lawyer then that is on her. If she chooses to file contempt charges the judge will NOT make you pay for her lawyer, you are behind on your bills and still making the payments as best you can. Judge’s are not unreasonable, they see the effort, and they will not look kindly on her for wasting the courts time for a 2 week late payment when there are parents who don’t pay for YEARS!

She will be required to pay for the lawyer and the filing cost, and all she is doing is trying to threaten and tick you off. If you have any doubt call your local child support recovery agency and ask them what the county/state rules are on what is late? In Georgia they won’t even send a letter until you are 30 days late, then wait 3 months to suspend your license and it doesn’t make it to contempt until about 6 months of total non-payment.

Never agree to pay for anything to do with the lawyer, and in the mean time review your court order. There is typically a clause in there that says something like “If the amount owed in child support is greater than 90 days of support then you have the right to file with child support services for wage garnishment.”

It is nothing even close to 2 weeks. She is totally blowing smoke! E-mail me if you need anything else!

Answer by Good Grief
Motherhood is Cool needs to remember that different states have different laws. GEORGIA is not CALIFORNIA. What happens in Georgia is not what happens in California.

California is really, really tough about child support orders.

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