Legal Question in Family Law in Massachusetts
money matters
I was wondering if there was anything that can be done about my ex not cashing over $1500.00 worth of weekly child support checks? This is getting out of hand, she has not cashed a check since the end of August. Thanks
3 Answers from Attorneys
: money matters
First ask why.
I hope you are keeping copies of the checks you sent.
Third, if there is no good answer, start sending them by certified mail with a return receipt.
Re: money matters
The prior answer is right -- your ex is possibly trying to set you up for a contempt. Thus, proof that the checks are getting there is a good idea. Another option on proof, which costs about the same, is to send the checks priority mail with delivery confirmation.
You may also want to seek to have DOR collect the money. That way, you will have independent proof that you paid. DOR will arrange direct deposit into her bank. You can pay to DOR even if you are not a regular "payroll" employee. The risk is that falling behind may carry penalties.
Finally, you may well want to be sure that you have segregated any funds not collected. Though it would be somewhat costly, you can stop payment on all of the checks and issue a single CERTIFIED CHECK. This would be another form of proof that you sent the money.
Finally, if she is not cashing checks, what is going on in her life? Is it "just" a game, or is it mental illness or addiction issues? Has she moved elsewhere, and not gotten her mail forwarded?
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Re: money matters
If you look at the back of the other checks you have written her, they will show what bank and what account number they were deposited into. You could mail your checks directly to her bank with a letter to deposit the funds into account:xxxxxxx, or arrange to have your bank do a weekly wire transfer. Keep your cancelled checks as proof.