I’m curious as to how many checks have been submitted and why hasn’t she been cashing the checks? Does she want child support or not?
Something sounds fishy here.
You’re dealing with paternity issues too.
If he wants to change the agreement, he’ll have to re-do it. Until then, he’s bound to the agreement.
I am curious of the same thing if she really wants child support or not. Not sure why she would not cash the checks. She accepted and cashed all checks that were given to her before the court in June 07. All she would say was that there was no problem with the checks…and my husband asked her to cash them - but never did. For two months - all checks went uncashed. We wonder if the benefits that the older child gets is why she didn’t want child support or persue any court ordered child support after court. Older child is severly autisic and receives benefits from state or did receive benefits. Findings in court was that this child is not my husbands biological child, therefore him not being responsible for him. We are pretty sure that the 11 years old child is his - looks just like him. So don’t know what to do. She is very hard to communicate with and depends alot on her husband now for approval of the decisions she makes about the child. It is like she is scared to make some type of decision with out him (her husband). It is a bad situation because she don’t communicate with us. We had a meeting earlier in the year and discussed concerns we had but it didn’t go anywhere… Things were good for about a couple of weeks then back to no communication.
He should continue to send checks as required by the order, even if she is not cashing them. If she is not following the order then your spouse can file a motion and order to show cause and ask the court order her to keep him informed of doctor’s appointments.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
there is no court ordered child support. She did not give up her information. The only child support is thru the separation agreement that was never incorporated in to a order signed by a judge and was for the 2 kids. One is biologically his. How long can you keep writing checks and them going uncashed? From what I have been told from a bank - checks written and never cashed will be void after 6 months.
I misspoke, even though the child support is pursuant to an agreement he should still continue to send the check.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Here is my situation: My husband and the ex have joint legal custody of the 11 yr son. She has primary physical custoday. This was decided when he took her to court in June 07 when he made a petition for child custody for her keeping him away from father for over 6 months. She made a petition for child support in her counterclaim. child support was never presented during court due to her not including any evidence of her income. The judge ruled that if could be agreed upon it could be included in order. My husband submitted his information to his lawyer…she never done anything…no responce back to her lawyer on her income. The was no court ordered child support. The separation agreement that they had was for 2 children. The other child is one she was pregnant with when they got married and is not my husbands biological child. The separation agreement was never incorporated into the divorce and never signed by a judge… My husband was advised to pay what was stated in the separation agreement since it was an agreement between him and her. He tried to pay by check directly to her. She would accept checks but never cashed any of them. She has never petitioned for child support again since court in june 07 and will not cash checks given to her for child support. Where does this leave him as far as child support is concerned?
Also, even though they have joint legal custody she don’t inform him of any doctor’s appointments or what is done at the doctor’s visits. We only know that he has been to the doctor after it is filed on the insurance or the child tells us that he went. But then he don’t know exactly what went on at the visit. My husband carries the insurance on child. The ex is very hard to work with and don’t discuss any issues about the child with my husband.