Q: My ex did not deposit certain child support checks dated over 5 months ago. Do I have to re-issue?
Payment amount is not in dispute. My ex simply did not deposit the checks in a timely manner. She's threatening to hold me in contempt if I don't re-issue. I did not defy the settlement agreement, and have paid all child support payments on time in accordance with the agreement. I argue that it is her responsibility to deposit the checks, not mine.
A: It is her responsibility to deposit the checks.
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A:
The question is - why not reissue? She is owed the money and she doesn't have it. You should direct deposit in the future to avoid this issue, but you need to make sure the support is current. The money should still be in your account if none of the checks have been cashed. Cancel them, pay her and use electronic means in the future.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
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