Legal Question in Family Law in Texas
Child Support
My ex-wife wrote me a check for reimbursement for buying the kids school supplies and clothes. Well the check bounced and she will not make it good. In the process, the check bounce and costed me $483.67 in check fees. Can I deduct that from the child support payment that I send her for the difference that she cost me?
1 Answer from Attorneys
Re: Child Support
No, you cannot. The law relating to child support is separate from that concerning bad checks. You need to pay your child support as ordered or else be subject to contempt of court.
There are two things that you could do, neither of which is satisfactory because of the cost involved.
First, if she was ordered by the court to pay you that amount, you could file for an enforcement of that order. You could also go back to your family judge and get an order that she reimburse you. That would not be worth the effort and cost probably.
Second, you could file suit to recover for the bad check under several general law theories. Unfortunatly, that is probably not worth it either. If you do this, I would suggest going to small claims court without an attorney. You would then have little to lose.