Q: Q: My ex “lost” the child support check I gave her 4 weeks ago. Do I legally HAVE to cut her a new check?

A: Yes, less the stop-payment fees.

A: Of course you do. You have an obligation to pay. You haven't paid, although through no fault of your own. You obligation still exists. Also, this is for your child. Shame on you for not immediately doing all you can to make sure your child has the money necessary for his/her survival, including replacing the check. Reissue the check, minus the stop payment fees on the first check.

A: While you fulfilled your legal obligation by providing the initial child support payment on time, the situation becomes more complex when a check is lost. In California, you generally remain responsible for ensuring the payment reaches the intended recipient, even if the original check was misplaced after delivery.

The key consideration here is that child support is a court-ordered obligation, and until the funds are actually received and accessible, the obligation isn't technically fulfilled. Think of it like this - if you mailed a check and it got lost in transit, you'd still need to make sure the payment gets through. The same principle applies here, even though your ex misplaced it after receiving it.

Your best course of action would be to work with your bank to stop payment on the original cashier's check and issue a new one. Keep detailed records of the original payment, the stop payment request, and the reissued check. While this situation is frustrating, maintaining clear documentation and cooperating with the reissue process helps protect you from potential legal complications. You might also want to consider using direct deposit or the state's payment processing system for future payments to prevent similar issues.