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#770151 - 08/22/15 03:43 AM Re: Written Agreement Provision [Re: Bill65]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
It varies, depending on an individual's exact circumstances.

One thing to add: your alimony is not late for contempt purposes until it is 1 months late.

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#770152 - 08/22/15 04:07 PM Re: Written Agreement Provision [Re: MinnesotaMom]
Bill65 Offline

recently joined

Registered: 06/25/15
Posts: 15
Thanks for the info. In particular, from my training in the financial world, I always thought that if a loan payment was past due by 1 day that the borrower is technically in default but most institutions provide for a "grace" period which may vary(normally about 10 days). That was my point to my ex-spouse, if a borrower is late making a car loan payment, the bank doesn't come to repossess the car in just 2 days of the payment being late. It was my intention to make the payment for my spousal support on time via certified mail but I was out of town and sent it 2 days before the due date. Because the payment was not received on the 1st I thought her complaint could be heard in court and that I would end up paying for court costs and attorneys fees. Are you saying that the court would not hear the complaint because the payment was not late by at least 30 days? Kind of a mute point since I signed up for electronic payments with the bank and haven't had any issues about that since. I also wanted to ask a question about the end of the spousal support obligation. Is it an acceptable practice just to notify the bank to stop transferring the funds on a date that represents full payment or is it better to notify the recipient that the final payment is on its way? I documented all payments - i.e. those by check and statements showing that the transfers were made to the ex-spouse's account. Anyone can count but just in case of any dispute I made copies. I find it a little sad that I can't just call to keep in touch about the matter and we started out talking ok for a number of years but the last time we spoke, I thought it best to inform her that I was seeing someone who subsequently became my wife. Six months later when I tried to call, her number was changed. I respect that but if I were to change banks, I would have to resume sending paper checks through the mail unless she contacted me with account information to provide my new institution. My point is it seems there are legitimate business reasons for being able to contact each other. Thanks again.

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#770153 - 08/22/15 05:35 PM Re: Written Agreement Provision [Re: Bill65]
Bill65 Offline

recently joined

Registered: 06/25/15
Posts: 15
Correction to my previous post: Kind of a mute point should read moot point.

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#770154 - 10/12/16 01:15 PM Re: Written Agreement Provision [Re: Bill65]
Bill65 Offline

recently joined

Registered: 06/25/15
Posts: 15
UPDATE: Finally was able to meet with a Circuit Court Judge in the State of Maryland to get an opinion on the writtten agreement that continues to be in place for my (our) divorce. While I realize that he owned his Family Law practice for 18 years and has served as a judge for more than 15 years in the State of Maryland, I value his opinion as much as any I have heard so far. I should also disclose that we have known each other since 1963 when we first met playing Little League Baseball on the same team . That said and understanding that my divorce action was filed in the Commonwealth of Virginia, my friend, the judge after reading the agreement said, "it would be very difficult to challenge this agreement" and probably very expensive for her to mount a legal challenge." He also noted that the amount of $1,000/month for 15 years ($180K) seemed "very generous". I did not disclose the amount of my income at the time of the agreement and the Virginia attorney who crafted the agreement said the amount could have been much more and paid for the duration of her life after the 27 year marriage. I commented to the judge that if other judges can simply nullify or otherwise throw out an agreement, what is the real purpose/value of an agreement/contract? In this case the agreemnt is so one sided and anything that is not honored during the contract makes ME the breacher of the contract. Bottom line is that the Judge's opinion seemd to echo the opinion of a different Virginia attorney I spoke with over the phone in that this agreement will hold. And so at this point I still owe $50k and I anticipate that by the end of the next election cycle in 2020, I will be free to plan and move on with my life happily in retirement and with my recent marriage to a lovely new wife.

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