Should I put a stop payment?

Question

my ex has paid me too much in support..we didn't realize it until almost 1400 was paid. I told him that I would make 200 dollars a month payments to him as reembursement. He initally agreed. Our children are now grown. Instead of letting me make the payments, he took me to court to have the "paper work". I pay him in a check every month $200. but he's not cashing the checks. I called to make sure he was getting them and he said yes. Can I put a stop payment on the checks?

My ex is a bit shady. The first payment I gave to him was a money order that he swore he never received. I ran a check on the money order. He had received it and cashed it. I won't send him anymore money orders.

ding ding ding..mark h is on the money...I just found out he is saving them to pay for a trip for he and his wife to the tropics somewhere!

Answer 1

If you stop payment, you violate the order requiring the money to be paid. Keep the stub info for the checks; it's your job to get him a valid check; it's up to him to cash them.

Answer 2

I'd start paying him with cashiers checks or money orders so you have some kind of proof that you are paying him. I'd also talk to or write the judge and inform him or her what is going on. I don't know what kind of situation you and your ex are in, but it's possible he's planning on saying that you never payed him. Just keep deducting the amount from your account so that if he decides to cash them all at once you aren't stuck with huge negative balance. You do need to keep the payments up though. The money orders with the carbon copy would be best since once you've made out the order, it can't be used for anything else and would be considered proof of payment.

Answer 3

No you can't stop payment but legally he should only have a month or so to cash the cheques or they are not valid. You need to tell him to cash the cheques because it's messing up your bank book. Ask the bank how long someone can keep a cheque before they cash it, and whether the cheque is still valid after a certain amount of time. Then maybe if he's not cashing them then stop paying him until it's clear that he cashes the cheques right away.P.S. You should be getting receipts from him so you can prove that you have been paying him.

Answer 4

You didn't realize that your ex-husband overpaid you for child support until almost $1400 was paid? Would you have realized it if it was underpaid? If he's not cashing your checks then it's not your problem. You are fulfilling your $200 per month court ordered repayment. Checks are usually no good after 6 months, so if he doesn't cash them the money is still yours.

Answer 5

Don't put a stop payment on the checks. Since this matter is under the supervision of the court, it would not look good to you if you stopped payment.

Under section 4-404 of the Uniform Commercial Code, your bank may not be obligated to pay a check over 6 months old. In actual fact, with automated processing of checks, banks generally never look at the date of issue of the check, and your ex husband may gather all of the checks together and present them for payment at once. For all I know, he might look at the uncashed checks as a source of funds for his next trip to Bermuda or as a source of funds for a new car.

There is some potential for you to get in trouble with the court if you stop payment on a check. Also, some banks charge for stop payment orders. My bank does unless you are immediately issuing a replacement check.

Be careful.

Answer 6

Do not put the stop payment on checques as this would violate the agreeable terms which your ex could use to frame charges. You 've dispensed your duty by paying them and it is of no concern if he is not encashing them. Jus keep the copies of all the cheques.

Answer 7

If the lawyer has finished each and every of the paintings to finalized your divorce and garnish your ex's wages, you amassed baby help for 7 months, then because of the fact she hasn't decrease back your calls you're disappointed and settle directly to no longer pay her for the paintings she has finished, no i do no longer think of you ought to end fee on the examine.

Answer 8

you have not completed the payments and he has not asked you to stop so don't stop.

Answer 9

i'd go back to court