What can I do if I am sending my ex-wife child support checks each month and she isn't cashing them? 27 Answers as of July 03, 2013

What can I do when I send my ex-wife my child support check each month and she doesn't cash them?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Send them through the child support registry so you have evidence she is getting them.
Answer Applies to: Texas
Replied: 8/26/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Keep sending them or try money orders - the important thing is to have documentation of payment. You may want to send her a letter asking her to deposit all the checks (& list each check by date number & amount) as another way of proving you sent them.
Answer Applies to: Connecticut
Replied: 8/25/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Keep a careful record of all checks you send. As monies accumulate in your account(s) on which these checks are written but not cashed, then transfer these funds to a special escrow bank account which is designed to accommodate only the deposit of these funds. (And, no, do not plan on spending these monies yourself any time soon.
Answer Applies to: Virginia
Replied: 8/25/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You are keeping your obligation. You need to keep record of your sending them, making copies of the face of the check and even send them with confirmation through the mail (an additional $.71 I believe) but it will be worth the additional cents if she decides to take you into court for failure to pay, you will have proof that you have indeed sent the monies and she has simply not cashed your checks.
Answer Applies to: Illinois
Replied: 8/24/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Nothing. You are covered if you can prove that you are sending them, and I would make sure that you don't use the money for anything else either, just in case she suddenly decides to deposit them all at once.
Answer Applies to: Florida
Replied: 8/24/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Make sure that you have a record or a copy of each check that you send her.
    Answer Applies to: Alabama
    Replied: 8/24/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Make sure you keep a record of the checks sent because she may seek "back support" later.
    Answer Applies to: Washington
    Replied: 8/24/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    I do not know why your wife would not be cashing the checks. You are doing the best you can do by sending them - and doing so by check will allow you to keep a record that you are complying with the child support order/obligation. The only better record-keeping you could do is to make a copy of the check before you send them and also send a letter to her (keep a copy) that reminds her of all the support checks you have sent that have not been cashed and request that she cash them. This establishes a record and is proof that you have complied with your obligation. You need to keep enough money in the bank to cover those checks should wife decide to cash them all at once. I hope that your wife has the financial stability and where with all to be caring for your children adequately without the support. If your gut is telling you that you have anything to fear, trust it. My instant thought is that either wife is being really kind to you or she may be having a period of some emotional/mental instability.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Keep very good records. First, leave the money to cover all of the child support checks in the bank account. That way, if she ever does cash the checks, the money is there to cover them. Second, make a photo copy of each check before you send it. Third, keep copies of the bank statements and check register. Forth, if you're not doing so already, mail the checks certified mail, return receipt requested and keep all of the receipts. The point of all of this is to accomplished to things. They are: (1) being sure that you have the money to pay all of the support in case you ever have to and (2) having records to show that you have made a good faith effort to pay the child support just in case your ex ever claims that you haven't been paying.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Nothing. I am assuming you are not using the Friend of the Court.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Hold on to the money for when she claims your failure to pay child support.
    Answer Applies to: New Jersey
    Replied: 8/24/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Keep good records of payments and uncashed checks. Follow up with her writing, e.g. email, to create a record that you are trying to pay child support.
    Answer Applies to: North Carolina
    Replied: 8/24/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    The smart thing to do would be to keep a paper trail of all of the checks that you have written. If the checks have expired, you may want to start a separate account and keep the money in this account so when she does come around and seek the money, they money is available and you do not end up facing a contrived Contempt motion. Good luck.
    Answer Applies to: Florida
    Replied: 8/24/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    You have to leave the money in your account and don't touch it. As soon as you wrote the check, the money was no longer yours, even if the cash was still in your account. If she suddenly cashes the checks, they won't bounce. Also, if she files for contempt, the Judge will believe your story because the money will be sitting in the account. You may want to switch to directly depositing the funds into her bank account.
    Answer Applies to: Georgia
    Replied: 8/24/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Is there a court order in effect?
    Answer Applies to: California
    Replied: 7/3/2013
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You may wish to check the address where you are sending the checks to. If that does not work, you can contact the State Disbursement Unit and request that they open a child support case for you. You would then send all checks to the State Disbursement Unit and they will send it to her.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you want to make sure that you are getting credit for payments you send, you can open a case with your local child support office and pay through them. They will send her a check and it will still be her responsibilty to cash it, but it won't be your problem if she doesn't.
    Answer Applies to: California
    Replied: 8/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You should send her regular emails and make her sign for the checks that she is receiving by registered mail.
    Answer Applies to: California
    Replied: 8/24/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    I don't get it. Make sure you send them, check with the bank when they become invalid and keep a record. If it really bothers you, give her cash or set up an account and put the money in it.
    Answer Applies to: Wisconsin
    Replied: 8/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Keep copies of what you send and send it by certified mail return receipt requested.
    Answer Applies to: Washington
    Replied: 8/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    As a practical matter, there is nothing you can do other than be sure you can protect yourself if and when she files a complaint that you have failed to pay. If you are paying by a personal check, it would help that you set aside the money into a separate account so that if she complains in the future you have the funds to quickly catch up. If you do that, you can simply stop sending the checks until she complains. That won't prove that you sent the checks if she says she never got them. So, a safe procedure would be to use bank/cashier checks that take the money out of your account. If she fails to cash those, you can clearly prove you tried by the bank records; but, if she never cashes those, you are out the money and the children never benefit.
    Answer Applies to: Colorado
    Replied: 8/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    There's not much you can do in this case other than send the checks via certified mail so if you need to you can at least prove you sent them. It makes one wonder what her motive is - is she going to try to allege that your not paying child support, or is she trying to set up a scenario where she is trying to cut your child out of your life? I can't answer that question, but you need to immediately send them via a method that can be tracked.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Make photocopies when you send them and send each by a method where she has to sign or where you can prove delivery.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You need to call/email her (unless communication has been restricted by the court). That is very strange. Are you certain that she is receiving them? I would make sure you record the check numbers (or keep duplicates) - at some point, you many want to cancel the checks through your bank. In the meantime, you may also want to consider filing a Complaint for Modification based on the change in circumstances. If nothing else, you need to have a wage assignment or direct deposit set up with her.
    Answer Applies to: Massachusetts
    Replied: 8/23/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    If you are sending your ex-wife child support checks each month and she isn't cashing them, then you should communicate with her and ask why she is not cashing the checks and confirm that you have her correct address. Whether you communicate with her or not, you should make sure that you keep a copy of each check for your records to evidence your effort to make timely payments. If you have a problem communicating with your ex-wife, perhaps you should consult with a Family Law Attorney. Good luck.
    Answer Applies to: California
    Replied: 8/23/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    It doesn't matter that she cashed them . The checks are your evidence of payment.
    Answer Applies to: Florida
    Replied: 8/23/2011
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