Am I Correct In My Assumption?

[bottyburpthebarbarian]

I will try to keep this as short as possible!!

My ex is supposed to pay money into my account by close of business on the 28th of every month. This is part of our separation agreement, so as I understood it legally binding?

Frequently the money is late.

It dawned on me that the money was always late if the 28th fell on a weekend.

Talked to him today and said the money is late again, according to him its MY banks fault as he has a direct debit set up to pay me on the 28th of every month.

My question is ... Is he in breach of the order and can I go back to my solicitor and MAKE him pay me on time?

Could it be that the money is leaving his a/c on the 28th, but not showing up in yours till after the weekend?

Not sure how direct debits work in detail. Maybe check the small print of your bank account, or phone your bank?

If the money is supposed to be in your account by the 28th, he needs to have his direct debit/standing order paid on the 25th. Is there a problem with the date he gets paid, perhaps?

Thanks guys.

It is normally done through the faster payments system (? think that's what its called??)

Leaves his a/c, in mine within 2 hours.

But that doesn't work over the weekend - I check this with my bank

So, basically, if the 28th falls on a non-bank working day (iyswim) then I won't get paid until the first bank working day after the 28th.

Also, he's self-employed, so its not a salary issue.

If the wording says 'in your account by close of business on the 28th' then he needs to set it up to leave before then on months when the 28th is at a weekend or a bank holiday.

Our rent has to be paid by the first of each month, but it leaves our account on the 28th in order to always have arrived by the first.

Trillian - that's exactly what it says.

I have tried and tried to explain it to him - think I'm going to have to go to my solicitor because he just isn't going to see sense since its me talking!!

The problem is using a solicitor costs money and you may well find it's cheaper (and less hassle) having a contingency fund to cover you if it's only for a couple of days.

As you mention a separation agreement I assume you are in Scotland. If push comes to shove a sheriff might well consider the usual enforcement measures too draconian for arrears of this sort when it's just a couple of days. In any event even when the court arrests wages there is no guarantee there won't be the same delay.

STIDW - that's kind of what I thought - he's just doing it as a control thing - I'm not strapped for cash or anything, its just the principle iyswim?

But there are loads of wee ways he messes with the separation agreement, just to be a knob

Not big ways, just wee silly ways.

It's the little things that are annoying, isn't it? My suggestion is to establish emotional and physical boundaries, bite your lip very hard and do not react. When someone can't provoke a reaction sooner or later they will nearly always give up. If they don't matters tend to escalate and that's when you really need to involve the law.

STIDW - that's it - the wee things are what really really wind me up.

I am practising my "that's nice" face lol

Absolutely. Pick your battles and let the other stuff slide. It is not worth it otherwise.