i write a check each month for child support and on the memo i write what it is for. Can payee change memo?

Question

the memo on the check that I write I always put what it is for (example: May child support and insurance). When I recieved my bank statement this month I noticed that my ex-wife had marked through what I had written on the memo and in place of it she wrote applied towards something else that had nothing to do with child support. Is it illegal to alter a check in that manner? what should I do?

Answer 1

Write your memo in permanent ink. Then highlight over it in yellow or another color. Then make a copy of it. If she is doing something to alter the check, it will probably come back to haunt her bc you are doing what you are supposed to do.

I would mention this to your lawyer to see what he thinks of her antics.

Thanks for supporting your kids when so many don't!

Answer 2

The memo line has no legal significance. If you owed $100.00 and wrote a $1.00 check marked 'Paid in Full'. It could be cashed and you would still own $99.00. While a court may consider the memo line if there is reason to question to purpose of the check, as long as they can still see that it originally said 'Child Support', the court will probably know what happened. Several states require child support to go through an agency that keeps records. This would avoid your issue.

Answer 3

The payee cannot alter the check as provided for in the Negotiable Instruments Law. Only the maker of the check is authorized to make changes but not the payee whose right is only to encash or endorse the check. You can file a complaint in court that the check should be charged for child support and not for any other purpose.

Answer 4

She can write anything on the check. But she can't change the amount of the check. It was still given to her for purposes of child support. If you have carbon copies of the check, there will be proof of that. If you don't have them, I suggest you get them. As for her crossing out what you put there, if you take the check to court.. it would be very easy to prove who did the initial writing and who crossed out and added the other. I would imagine you would get credit for the support anyhow.

Answer 5

It is not legal to alter any part of a check. Contact a Lawyer, but make a copy of the next check before you send it, so you can prove the change.

Answer 6

If it isn't illegal, it should be. She has no other reason to do that than to make it look as if you didn't pay. Start making a copy of the check before you give it to her for your records, sounds like she's being shady... something is definitely rotten in Denmark.

Answer 7

Definitely ask a lawyer (sometimes they'll give you a free consult for a question such as yours); you don't want her later trying to say you haven't been paying. She may be in trouble for altering a check's info.

Kudos to you for being a responsible dad.

Answer 8

The memo on a check is meaningless. You can write anything you want on it, so can she, and so can the bank.

Answer 9

I don't think she can change it legally If you give the check directly to her have her sign a receipt with the check number on it if it goes thru the court system they will give you a receipt

Answer 10

It doesn't matter what she writes there. it was still your child support check and, If she ever went before a judge and tried to say that you weren't paying, seeing that she had changed that would probably piss him off.