Lost Child Support Check

[NH_Dadof4]

What is the name of your state (only U.S. law)?

Hi!

I live in Massachusetts but the Divorce was in New Hampshire.

I am always prompt on sending my Child Support checks to my ex-spouse on time and in the full amount. I am not behind on any payments.

My question is what is my obligation to re-send a child support payment if she has "mis-placed" the check I sent her.

I have proof that I sent the check from the bank, granted it went out USPS so there is not receipt but There is a 4 year track record of me sending payments on time without exception.

this is the third time this has happened. The first time I told her that If I needed to re-send the check then that would mean I would have to pay for a stop payment fee and that I would take it out of the re-payment to which she went off on a tangent.

So anyway I am curious as to what my legal obligation is.

thanks for any advise you can provide

 

[Zigner]

I would suggest that you begin using a method that can be traced. If she didn't get the check and you DON'T send a replacement, then you haven't paid. Period.

 

[nextwife]

I would suggest that you begin using a method that can be traced. If she didn't get the check and you DON'T send a replacement, then you haven't paid. Period.

Sounds like she got it THEN misplaced it.

 

[disneykid52]

What is the name of your state (only U.S. law)?

Hi!

I live in Massachusetts but the Divorce was in New Hampshire.

I am always prompt on sending my Child Support checks to my ex-spouse on time and in the full amount. I am not behind on any payments.

My question is what is my obligation to re-send a child support payment if she has "mis-placed" the check I sent her.

I have proof that I sent the check from the bank, granted it went out USPS so there is not receipt but There is a 4 year track record of me sending payments on time without exception.

this is the third time this has happened. The first time I told her that If I needed to re-send the check then that would mean I would have to pay for a stop payment fee and that I would take it out of the re-payment to which she went off on a tangent.

So anyway I am curious as to what my legal obligation is.

thanks for any advise you can provide

What about PayPal?

 

[mistoffolees]

What is the name of your state (only U.S. law)?

Hi!

I live in Massachusetts but the Divorce was in New Hampshire.

I am always prompt on sending my Child Support checks to my ex-spouse on time and in the full amount. I am not behind on any payments.

My question is what is my obligation to re-send a child support payment if she has "mis-placed" the check I sent her.

I have proof that I sent the check from the bank, granted it went out USPS so there is not receipt but There is a 4 year track record of me sending payments on time without exception.

this is the third time this has happened. The first time I told her that If I needed to re-send the check then that would mean I would have to pay for a stop payment fee and that I would take it out of the re-payment to which she went off on a tangent.

So anyway I am curious as to what my legal obligation is.

thanks for any advise you can provide

Sheesh. Just stop payment on the check and send a new one. The money is for your CHILD. Stop playing stupid "can I find a way to screw my ex" games.

Then go to your state child support enforcement office and have the money taken out of your paycheck to ensure future payment.

 

[disneykid52]

Sheesh. Just stop payment on the check and send a new one. The money is for your CHILD. Stop playing stupid "can I find a way to screw my ex" games.

Then go to your state child support enforcement office and have the money taken out of your paycheck to ensure future payment.

Stop payment = fee (and it anit cheap)

 

[ecmst12]

If she admits that she lost the check, then it's reasonable for you to take the stop payment fee out of the payment. No need to create a lot of drama over it though.

 

[BL]

What is the name of your state (only U.S. law)?

Hi!

I live in Massachusetts but the Divorce was in New Hampshire.

I am always prompt on sending my Child Support checks to my ex-spouse on time and in the full amount. I am not behind on any payments.

My question is what is my obligation to re-send a child support payment if she has "mis-placed" the check I sent her.

I have proof that I sent the check from the bank, granted it went out USPS so there is not receipt but There is a 4 year track record of me sending payments on time without exception.

this is the third time this has happened. The first time I told her that If I needed to re-send the check then that would mean I would have to pay for a stop payment fee and that I would take it out of the re-payment to which she went off on a tangent.

So anyway I am curious as to what my legal obligation is.

thanks for any advise you can provide

What was the outcome of the other two checks ?

Did she find them and cash them ,or don't you know ?

 

[mistoffolees]

Stop payment = fee (and it anit cheap)

The national average is something like $20. Would you rather pay the $20 and have your kids have money for food and shelter or fight over an insignificant amount of money?

Arguably, OP could subtract the fee from the replacement check and would probably not get in trouble, but I'm not sure that is legally the correct thing to do. Child support needs to be paid in full every month. You can't start making deductions at will. Of course, OP could ask ex to reimburse him the fee - or even go to small claims court which might or might not agree, but that's a foolish waste of time over a very small amount of money.

This is all about power and vindictiveness. Just stop payment, issue a new check, and then have CSE handle it in the future. Problem solved-without all the drama and vindictiveness.

 

[mistoffolees]

Sounds like she got it THEN misplaced it.

It would be interesting to see how he would try to prove that.

Fact is, she claims she never received the check. He can't prove that she received it. He loses. Case closed.

 

[disneykid52]

The national average is something like $20. Would you rather pay the $20 and have your kids have money for food and shelter or fight over an insignificant amount of money?

Arguably, OP could subtract the fee from the replacement check and would probably not get in trouble, but I'm not sure that is legally the correct thing to do. Child support needs to be paid in full every month. You can't start making deductions at will. Of course, OP could ask ex to reimburse him the fee - or even go to small claims court which might or might not agree, but that's a foolish waste of time over a very small amount of money.

This is all about power and vindictiveness. Just stop payment, issue a new check, and then have CSE handle it in the future. Problem solved-without all the drama and vindictiveness.

OP said its happened 3times. 3x$20= $60. Big chunk of change to me

 

[stealth2]

this is the third time this has happened.

OP said its happened 3times. 3x$20= $60. Big chunk of change to me

Reading is fundamental, disneykid.

OP... how about setting up a direct deposit?

 

[Zigner]

OP said its happened 3times. 3x$20= $60. Big chunk of change to me

So you would prefer our OP risk contempt...or have arrears that accumulate interest? Really?

 

[swalsh411]

Do you have direct deposit at work? Why not specifiy an amount to go in to her account each pay day? Less work for you, and no chance of not receiving the payment. (unless she closes the account and doesn't tell you)

 

[mistoffolees]

Do you have direct deposit at work? Why not specifiy an amount to go in to her account each pay day? Less work for you, and no chance of not receiving the payment. (unless she closes the account and doesn't tell you)

It's easier and probably safer to simply use the state enforcement agency. The cost is modest and the two parties don't need to have access to each others' banking information. Plus, the state keeps a record of payments.

OP said its happened 3times. 3x$20= $60. Big chunk of change to me

If you're going to risk being found in contempt over $20, you can't afford to have kids, so I hope you're taking all available precautions.

You see, we're not talking about $60. We're talking about $20 - which is the current amount. OP chose not to do anything about it the last 2 times it happened, so that money's gone. So if you are willing to risk contempt (and spending a morning in court even if you're found not to be in contempt) over $20, feel free.