Does a judge go by the postmarked date of a mailed support payment or the date you get it in the mail?

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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 8 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.

 


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