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Alimony Payment Method Dispute

Discussion in 'Alimony & Spousal Support' started by smccabe, Jan 5, 2018.

  1. smccabe

    smccabe Law Topic Starter New Member

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    Jurisdiction:
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    Hello.

    The relevant divorce applies to two people with health issues that prompts the need for lawful representation for both of them -- i.e. full power of attorney for family members, of which I am the one for the alimony recipient.

    The representative for the alimony payer (one of his daughters) has been consistently reasonably delinquent at least in terms of payment timing (including my constant need to communicate with her to send payment), which prompted my tone to change to that of an emotionless legal representative (purely mature, including firm and to the point -- similar to my tone here).

    That change surprisingly led to an explosive and messy response that included declaring the ability to use whatever payment service she wanted.

    After telling her that Zelle does not work with the recipient's bank account, she quickly blocked my phone number, and then hastily used Zelle for the most recent payment anyway -- so the payment never arrives.

    I verified that inability via email correspondence with Zelle's customer service.

    Is she right to declare and insist that we have to change banks to accommodate her payment preference (i.e. she only needs to click 'submit' wherever she wants to meet her legal obligation), or does Massachusetts law in effect provide leverage for us to counter her apparently questionable position on this front?

    Thank you in advance.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    This is simple. If the payee isn't getting paid on time, then the payee takes the payor to court for contempt.

    Until the payee is willing to do that, quoting "laws" isn't going to change anything.

    You, as POA cannot provide legal representation so I suggest that the payee consult an attorney.
     
    smccabe, hrforme and army judge like this.
  3. smccabe

    smccabe Law Topic Starter New Member

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    Consulting an attorney is obviously necessary (and always my ultimate goal, if needed to resolve this conflict), but a court battle is also apparently terribly too expensive for us these days, especially when modest alimony is stopped.

    I want to gather as much information without an attorney first, which is why I am here.

    So even if the payor sends payment through Zelle on time, because Zelle is incompatible with the payee's bank account and consequently is never deposited, does the court see that as late (actually absent) payment?
     
  4. army judge

    army judge Super Moderator

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    The court doesn't care about this idiocy.

    The person you represent is creating the problem by her/his lack of a bank account.

    However, the other party could simply send a bank check or money order, delaying the receipt of the funds because of stubbornness.



    You hold a POA for a person.

    A POA simply allows you to sign certain legal documents under the direction of the person for whom you hold the POA.

    A POA isn't the same as legal guardianship, which would allow you to be the person's decision maker. in effect as a parent would be for their child.

    No one is required to accept any document signed by someone exercising a POA.

    No lawyer would discuss any legal matter on behalf of of th eperson for whom you hold the POA, because you don't possess the legal authority over the person, as one would who held legal guardianship.

    If a person wishes to discuss a legal matter with a lawyer, you don't need to research the law involved.

    If you had colon cancer, would you research the medical protocols for such a diseases BEFORE making an appointment to have a medical consultation regarding your medical concern?

    No, and its not required for you to research a legal issue prior to meeting with an attorney.

    However, in your case, no ethical attorney would meet with you to discuss another person's problems.

    That said, the problem you posit isn't one of a legal nature.

    Zelle is unnecessary if both parties have a bank account.

    The person for whom you are alleged to possess a POA need only do one thing to eliminate this morass.

    The person can open up a NetSpend or Brink's account.

    I am NOT recommending the person to open either one, simply suggesting that these are two of the many that abound.

    If a person has an active NetSpend or Brink's account, another person with any bank or credit union account could simply effect a transfer of funds from her/his account to the NetSpend, Brink's or other similar account.

    Here are the links to those two for you research how they work, and to see if the person you POA for would be interested in solving their impasse by moving in this direction:

    Prepaid Debit Cards for Personal & Commercial Use | Netspend

    Brink's - Brink's prepaid mastercard

    There you go, problem solved, the account of choice can be opened online.
     
  5. ElleMD

    ElleMD Well-Known Member

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    Does the alimony agreement specify a method by which the payment must be sent? Being as Zelle has only been an app for about 6 months, I'm going to guess it wasn't mentioned as an option, but electronic transfer or some such language might have been used. Either way if the method isn't acceptable, the party which finds it unacceptable will need to go back to court to modify the agreement. There is no "information to gather".

    FWIW, there are ways to access the money without changing banks. a 30 second google search is all it takes Someone sent me money with Zelle®, how do I receive it?
     
    army judge likes this.
  6. smccabe

    smccabe Law Topic Starter New Member

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    This reply is basically for both of you.

    There is no information to gather here? Then what information are you providing here?

    For maturely crying out loud, folks, the tone of your replies is uninviting, if not insulting.

    No tiny violin playing (or such), but I am doing my very best with excruciatingly limited financial resources in a terribly challenging situation -- including being a personal caregiver for someone with mild-to-moderate Alzheimer's disease.

    No, I do not need to learn medical protocols, but I do need to learn how to stay away whenever possible from obscenely complex systems too often disguised as helpful, while actually built excessively (if not primarily) to make money inclusively unethically -- of which both the healthcare and judicial systems excessively share in that oligarchy-serving mess of massive proportions.

    Colon cancer is not an apt metaphor for this "idiocy". Learning how to eat right, exercise right, and balance stress levels right are at least closest to my intentions here.

    I am done with this pointless website.

    Your 30-second google search reveals nothing, as the payee's bank account (which does exist, as I clearly stated, but you clearly ignored, army judge) does not work with Zelle, factually speaking. I installed Zelle, verified it does not work, and double-verified it by receiving the aforementioned email from Zelle's customer service stating explicitly that it does not work.

    The bottom line here from your replies is justice ironically unjustly requires money that we do not have. Justice only for those who can afford it is not justice.

    Shame on anyone responsible for this obscenely overly complex "justice" system.

    Feel free to reply, but I probably will not read it. I have way too much work to do to secure my loved one.
     
  7. zddoodah

    zddoodah Well-Known Member

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    So....you hold a POA (which gives you unspecified authority) for a person involved in a divorce and who receives alimony. Right?

    No.

    P.S. I have no idea what "Zelle" is. However, unless the court's order for alimony says it's something that can be used, then the alimony will need to be paid by cash, check or money order.
     
  8. smccabe

    smccabe Law Topic Starter New Member

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    I have a "General Durable Power of Attorney", while working towards legal guardianship.

    My main problem is my mom does not have her divorce agreement, nor any other relevant documentation (if it exists), nor does she remember any pertinent details here, so I do not have the alimony terms (and cannot afford to have a lawyer -- including the one she used, who basically does not want to help her anymore, because she refused to let him go strongly after her ex-husband -- dig them up for us).

    I am trying to remedy that on a shoestring budget, first by nailing down when she got her divorce (2008-2009 to the best of my research so far), so I can apply to the registry of vital records.

    Zelle is the major banks' answer to the Venmo app, which is popular with millennials, and therefore considered to be a threat against those banks.
     
  9. army judge

    army judge Super Moderator

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    You have no legal standing to act for your mother.

    A POA is defined for you below:

    Durable Power of Attorney in Massachusetts

    No person or entity is REQUIRED to accept the POA, although a few will.

    You can search divorce records in almost every county across this nation online.
    Where that can't be done, you visit the county recorder, county clerk, or clerk of court (however it may be known in your jurisdiction) to retrieve a record of the divorce.

    As long as the divorce is a matter of public record, almost anyone can buy the copies.

    In MA, divorce records are maintained in an index from 1952 to present, but all official certified copies must be obtained from the Clerk of Probate Court in the county the divorce was filed.

    Some sites allow you to get a copy of the record with a raised court seal.

    The fee to search for and obtain a certified copy of a Massachusetts divorce decree, the "Certificate of Divorce Absolute" is $75. This is a typed, certified court document and contains the court's official, raised embossed seal.

    See below:

    Massachusetts Certificate of Divorce Absolute - Order Form - Bristol, Norfolk, Middlesex and Suffolk Counties

    I don't endorse any site, but provide the information for you to establish the site's authenticity and authority to operate, selling its various wares.

    One final comment, even if you acquire these documents, that doesn't mean you'll ever receive a dime that might be owed or owing.

    There are millions of deadbeats walking this planet, who never pay so much as a nickel of any debt which might be owed.
     
  10. zddoodah

    zddoodah Well-Known Member

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    Should be simple to obtain from the court clerk's office (not a department of vital records).

    Keep in mind that, while your POA might allow you to handle your mother's finances, she will need to hire a lawyer (or you hire one on her behalf) if she wants to take court action to enforce the alimony order.
     

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