Can she legally refuse the child support check?

[Momof4boyz]

This is my first time posting here. I have searched Nevada law, the legeslature, etc and cannot find anything on this subject.
We got a letter today from my husbands ex wife, her exact letter reads "as of 5-1-02 I will no longer accept child support checks that are not dated for the day I receive them. I need this for my personal records" and then her signature. Is this legal? can she really do this? I make out the bills every month and when we get the money in I send them out. There has never been a problem before. We got a motion to increase child support a month ago and ever since then we get new little notes every week with new demands? We have never been late on paying child support, but a couple of times, we have ran up to 2 1/2 weeks after the first before we were able to pay it. What is legally concidered late? Thanks to anyone who can give information or advice on my many questions and about the law. We cannot afford a lawyer right now, so any information It is greatly appreciated so we at least know where we stand.
Amber

 

[I AM ALWAYS LIABLE]

This is my first time posting here. I have searched Nevada law, the legeslature, etc and cannot find anything on this subject.
We got a letter today from my husbands ex wife, her exact letter reads "as of 5-1-02 I will no longer accept child support checks that are not dated for the day I receive them. I need this for my personal records" and then her signature. Is this legal? can she really do this? I make out the bills every month and when we get the money in I send them out. There has never been a problem before. We got a motion to increase child support a month ago and ever since then we get new little notes every week with new demands? We have never been late on paying child support, but a couple of times, we have ran up to 2 1/2 weeks after the first before we were able to pay it. What is legally concidered late? Thanks to anyone who can give information or advice on my many questions and about the law. We cannot afford a lawyer right now, so any information It is greatly appreciated so we at least know where we stand.
Amber

My response:

Good !

Keep her note, and any other notes on this subject. Continue to make your payments, and when she sends them back, keep the checks with the notes. Take the money out of your checking account (after the checks are returned to you) and when she takes your husband back to court, show the judge the note. Tell the judge you have all of the money in a separate account (drawing interest - - that you will keep) and say that the money is available any time she wants.

The judge will fine her for wasting the court's time, probably decrease the support payments (because she obviously didn't need the money), and throw her out of the courtroom on her ear - - but not before he orders her to pay your attorney's fees.

Remember, you can lead a horse to the water trough, but you can't make him drink. The same applies in your situation.

IAAL

 

[sbaldwin]

Keep sending those checks just as you have, she must not need the support too bad if she is worried about the date!

 

[I AM ALWAYS LIABLE]

My further response:

One last item.

Because she is now prone to sending the checks back to you, you still need some method of proof that you sent the checks in the first place. Therefore, and because of her actions and intent, you will now have to suffer the added burden and expense of sending your checks to her by Certified Return Receipt. In that way, you'll always have the proof that you mailed the checks. What she does with the checks after her "receipt" is strictly up to her.

IAAL

 

[smh33]

IAAL's advice is good as usual. You can check your state laws for non compliance to see what is considered 'late'. My state is 30 days. This depends on how your order is stated...just pay each month (most states agree that means 1st of the month) or if order states specific day,say 15th,etc....In any case, even in my state...at 30 days the court sends a notice giving 21 more days to pay...then comes court summons. Doesn't sound like you have come close to paying late...

 

[Momof4boyz]

Thank you so much for your help. We didnt know what to do. I didnt know what we were going to do if she returned it. How we would prove that we sent it. We will take you up on your advice of a registered return receipt. Thank you so much, I am a lot less stressed now
Amber

 

[kat1963]

Yeah, and Amber...don't let her stress you out Hon, that's what she's working for. Pick up a stack of the green cards and green forms when you to the post office to send it. Note that if she doesn't pick it up and after several attempts at delivery, getting the unopened letter back can take a month or longer. If it does get returned, DO NOT open it. Leave it as it is. Also, don't write anything in the letter, just child support check in the amount of $$$ for payment *date* and at the bottom put how it was sent and the certified mail number off the green form. Sounds to me like she wants to engage in some sort of battle, simply refuse.

KAT