Legal Question in Family Law in California

I am divorced and have an agreement as part of the divorce that states:
(a) hereof, in lieu of spousal support, husband shall pay to wife the sum of $200,000.00, which sum is non taxable, non-deductible and non-modifiable by either party, payable in equal monthly installments of $2.083.33 per month, commencing March 1, 2007, and continuing monthly on the first day of each month until the sum of $ 200,000.00 is paid full. Said sum is paid in lieu of spousal support, and shall not be subject to any Court proceedings to modify or terminate this sum. Neither shall this sum be the subject of any interest.
Each of the parties is ordered to pay promptly when due,
The amount was removed by his bank and mailed to me, but I didn't get it. The bank says the check has not been cashed or presented at any bank. My ex husband says he is not responsible and if I want my money I had better get it from the bank. The bank says he has to cancel and re-issue but he won't. What can I do?

Asked on 12/10/10, 12:02 pm

2 Answers from Attorneys

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Your husband should know that a lost or otherwise uncashed check is not a payment, and that the bank cannot issue another check without authorization from him. If he refuses to believe that or belives it and still refuses to issue a new payment, he is in contempt of court and you should file an OSC re: contempt.

Answered on 12/15/10, 12:46 pm

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