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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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When are child support and when are alimony payments due for

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When are child support and when are alimony payments due for the state of MD? (end of month, by a certain date each month, etc...)? When are they considered past due?

thanks
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

There is no "default date" for child support. The Court will always set a date that the monthly payment is due, which is normally the first, second, third, or fourth of every month. So the specific date is on a case by case basis (sometimes, there are bi-monthly payments on the fifteenth and the last day of the month, as well).

This is the same for alimony, although the vast majority of alimony orders state the due date as the first of each month.

The payment is due on that date. Anything past this is late automatically and is considered past due immediately.

However, to force the issue by motion for contempt, the party that has not been paid typically is expected to (1) attempt to resolve the issue first, and (2) have them be late by a few weeks at least so that the Court will consider the contempt motion timely.

In other words, filing for contempt with someone being a few days late is often an overreaction in the eyes of the Court; it must be a few weeks at least in most cases so that the Judge knows that the non-paying party has not only failed, but likely also has no intent to catch up and rectify.

I hope this helps and clarifies.

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Customer: replied 3 years ago.


So, if there is no date established, then it can be assumed any date within the month?


 


thanks

S,

So, if there is no date established, then it can be assumed any date within the month?

This would be highly unusual if the decree did not state "pay by ___ day" of the month. If so, then this is very likely an oversight and is human error, and you or the other party (or both, jointly), may wish to bring a MOTION FOR CLARIFICATION to confirm which date is the date that the Judge wishes to have as date due.

However, if there is no date, I am afraid it is not safe to assume that it can be "any" date. While you are unlikely to be held for contempt for non-payment if the decree does not have a certain date for you to pass, arbitrarily creating a date yourself is also not a good idea and on the safe side, one should assume that it means on the FIRST of every month until/unless the Court states differently via Motion for Clarification.

Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Do not worry, you may always ask follow ups free after rating.
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