CS check made payable to child

[Moonpie0418]

What is the name of your state? VA

Ex gave our 10 year old daughter the CS check for April, telling her it was her money and she could spend it how she wanted. The check is made payable to her. This sounds like a gift to me. According to our child support paperwork from court, it states it is to be made payable to the petitioner, which is me. I told him that she would not be able to cash a check, and he said yes she would. She's 10! Am I wrong in thinking it's a gift?

He has also appealed the cs to circuit court. Since he has paid the arrearage amount from March as the bond, does he still owe that cs to me? He says he's already taken care of it.

Thanks!

 

[justalayman]

Ex gave our 10 year old daughter the CS check for April, telling her it was her money and she could spend it how she wanted.

No he didn't. Unless he peforms as specified in the decree, he hasn;t paid the CS.

The check is made payable to her. This sounds like a gift to me.

it is what it is but that isn;t the child support payment

He has also appealed the cs to circuit court. Since he has paid the arrearage amount from March as the bond, does he still owe that cs to me? He says he's already taken care of it.

the bond is the child support. since he has appealed (contested) that amount, that is why the courts required it be paid as a bond. If he loses, you will get the money from the bond. If he wins his appeal, he will get back whaever the courts say he does not owe.

 

[LdiJ]

What is the name of your state? VA

Ex gave our 10 year old daughter the CS check for April, telling her it was her money and she could spend it how she wanted. The check is made payable to her. This sounds like a gift to me. According to our child support paperwork from court, it states it is to be made payable to the petitioner, which is me. I told him that she would not be able to cash a check, and he said yes she would. She's 10! Am I wrong in thinking it's a gift?

He has also appealed the cs to circuit court. Since he has paid the arrearage amount from March as the bond, does he still owe that cs to me? He says he's already taken care of it.

Thanks!

Ok...here is my suggestion.

Make a photocopy of the check.

You can cash the check for your minor child. It happens all the time. Just deposit it in your bank account, and keep the money. Try to avoid explaining more than you have to, to your child.

Then immediately file for contempt of court against dad for making the check out to the child and telling her that she can spend it as she likes. He WILL get a serious butt kicking from the judge, and he NEEDS one. Ask the judge to order that CS either be withheld from his paycheck, or that he has to go through the CSE instead of paying you direct. Get this nipped in the bud NOW.

If he paid the arrearage amount as the bond, then you will eventually get it from the courts.

People who play these kinds of games really disgust me. They need to immediately be held accountable in front of the judge, otherwise it won't stop.

 

[Just Blue]

Ok...here is my suggestion.

Make a photocopy of the check.

You can cash the check for your minor child. It happens all the time. Just deposit it in your bank account, and keep the money. Try to avoid explaining more than you have to, to your child.

Then immediately file for contempt of court against dad for making the check out to the child and telling her that she can spend it as she likes. He WILL get a serious butt kicking from the judge, and he NEEDS one. Ask the judge to order that CS either be withheld from his paycheck, or that he has to go through the CSE instead of paying you direct. Get this nipped in the bud NOW.

If he paid the arrearage amount as the bond, then you will eventually get it from the courts.

People who play these kinds of games really disgust me. They need to immediately be held accountable in front of the judge, otherwise it won't stop.

Excellent advice!! I, too, think that parents that put their children in the middle of adult issues need a good "ass whipping"!!

 

[ceara19]

Ok...here is my suggestion.

Make a photocopy of the check.

You can cash the check for your minor child. It happens all the time. Just deposit it in your bank account, and keep the money. Try to avoid explaining more than you have to, to your child.

Then immediately file for contempt of court against dad for making the check out to the child and telling her that she can spend it as she likes. He WILL get a serious butt kicking from the judge, and he NEEDS one. Ask the judge to order that CS either be withheld from his paycheck, or that he has to go through the CSE instead of paying you direct. Get this nipped in the bud NOW.

If he paid the arrearage amount as the bond, then you will eventually get it from the courts.

People who play these kinds of games really disgust me. They need to immediately be held accountable in front of the judge, otherwise it won't stop.

Good suggestion, but if he pulls this kind of crap on a regular basis, I might take a little different approach. I would cash the check, then depending on how much money it is, either give the money to the child to spend as they please or give the child PART of the money to spend and put the rest into a savings account for the child. THEN, I would follow through with the rest of your suggestion. Not only would dad get the dressing down he so desperately needs, he will also get hit in the wallet, which usually sends an even STRONGER message then a lecture alone.

If mom keeps the money and accepts it as a payment, it makes her the "bad guy" in the eyes of the child, which is EXACTLY what dad is trying to accomplish by pulling this little stunt. Also, if mom were to keep the money, the child is going to want SOME sort of explanation and almost every explanation that I can think of comes out making DAD look like the "bad guy" (which he IS, but the child doesn't need to know that). If the money goes to the child, as dad intended, NEITHER parent comes off looking like the "bad guy" to the child.

 

[Moonpie0418]

Thanks for the advice everyone! This is the first cs that has been paid in the last 8 years. Long story behind that. I have faxed the info over to my attorney.

Yesterday when he gave our daughter the check, she looked at it. After she got in the truck, she asked could she go to the toy store with it. Part of me feels like saying, yep, let's go. But with me luck in court, the judge will kick my butt and not his.

 

[Ohiogal]

Dad just gave the kid a shopping spree but it is NOT child support OP. So do what Ceara suggested. It is the child's money. NOT CS.

 

[Moonpie0418]

Upate!

I had to take my Dad to the bank, so I took the CS check with me. First, I wanted to know their policy about cashing the check because of it being made payable to daughter. Second, I wanted to know if it was any good. NOPE!!!!!! So right off the bat, he gives our daughter a hot check for her support. Nice daddy aint he! GRRRRRRRR**************..... I wasn't going to cash it anyways, I was just curious about their policy and if it was good or not.

 

[moburkes]

I had to take my Dad to the bank, so I took the CS check with me. First, I wanted to know their policy about cashing the check because of it being made payable to daughter. Second, I wanted to know if it was any good. NOPE!!!!!! So right off the bat, he gives our daughter a hot check for her support. Nice daddy aint he! GRRRRRRRR**************..... I wasn't going to cash it anyways, I was just curious about their policy and if it was good or not.

Sorry about your luck with your ex. What an ass.

 

[critterperson]

I had to take my Dad to the bank, so I took the CS check with me. First, I wanted to know their policy about cashing the check because of it being made payable to daughter. Second, I wanted to know if it was any good. NOPE!!!!!! So right off the bat, he gives our daughter a hot check for her support. Nice daddy aint he! GRRRRRRRR**************..... I wasn't going to cash it anyways, I was just curious about their policy and if it was good or not.

Go back to the bank and see if you can verify if the check was hot when it was written...In most states it is illegal to write a check knowing that there are not funds to cover the amount... Some states don't even allow for postdated checks to be written as they are not legal tender when handed over...

 

[qurice]

[/B]
Some states don't even allow for postdated checks to be written as they are not legal tender when handed over...

Illinois is the only state where post dated checks are legal.

If someone did that to me, I'd keep taking that check back to the bank and see when there IS money in the bank, THEN cash it. Most banks will accept it for 60-90 days (their policies differ) after the date written on it.

Evil, yes, but if Dad bounced a bunch of other checks as a result, maybe he'd stop handing them out like Halloween candy when he knows there are no funds to back them up.

 

[Moonpie0418]

The check was dated for 4/1/07. Today is just the 2nd. I have to go back into town tomorrow and will go back by the bank. I asked today if the teller could give me something showing it was no good, and she said no because I wasn't on the account. Thank Goodness for that one.

Thanks for the advice. You guys rock!

 

[LdiJ]

Here is a suggestion from someone experienced in collections...LOL

If you can't cash the check tommorrow, wait until Friday, and then try again on Saturday....and if this Friday doesn't work, try next Friday and Saturday. Payroll direct deposits generally tend to hit accounts at midnight on Thursday, and otherwise people tend to deposit their checks on Friday making the funds available on Saturday.

Eventually you will catch him with money in the bank and will be able to cash the check, and it will mess him up.

 

[Moonpie0418]

Thanks LDiJ for the advice. I just think it's right crappy of him to do this. I don't really have the time to play his stupid little games.

 

[fairisfair]

The check was dated for 4/1/07. Today is just the 2nd. I have to go back into town tomorrow and will go back by the bank. I asked today if the teller could give me something showing it was no good, and she said no because I wasn't on the account. Thank Goodness for that one.

Thanks for the advice. You guys rock!

You should be able to call the bank and confirm available funds. Save on alot of unnecessary trips back and forth.