Legal Question in Family Law in California
Spousal Support checks are returned uncashed do I still have to honor them?
I signed a stipulated agreement to start paying spousal support starting on a specific month. I started paying that month via electronic banking. The checks are void after 90 days. I started getting the funds credited back to me after the 90 day expiration, about seven so far. There was a dispute over our separation date which was resolved a couple of months ago, however, the checks are still returning. Am I obligated to make good on these returned checks if and when the "ex" tries to cash them. I believe I have met the terms of the Stipulated Agreement. It clearly states on the check that it is void after 90 days. Is it on the "ex" if she fails to cash them?
1 Answer from Attorneys
Re: Spousal Support checks are returned uncashed do I still have to honor them?
Without knowing more about your case, I believe you are responsible for actually paying (not just trying to pay) the money ordered. However, trying to pay the money will probably protect you from a contempt of court finding for violating the court's order to pay.
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