Does cashing a check imply accepting that as child support amount?

[Anonymous]

Well, it doesn't say "Paid in Full" at least.
https://www.lawyers.com/legal-info/consumer-protection/banking-and-loans/paid-in-full-check-memo.html

[Anonymous]

Anonymous wrote:

Anonymous wrote:I understood it as check was written for (example here) $500 but OP is in the process of asking for $1,000. If OP cashes the check, does that mean OP forever accepts $500 as the amount?

OP here. Yes, this is what I meant. However, we haven't started negotiating the agreement yet, due to life priorities that had to take precedence over pushing through a divorce, so I haven't asked for a specific amount yet. In the meantime, I've received several checks from STBX, at random intervals (not every month), and for random amounts. This is the first one that says it's for "[month] payment", so I don't know the implications. All the checks, including this one, have been for almost insultingly low amounts compared to how much child support is reasonable and necessary, even compared to the court formula (however, CS won't go by a formula in our case, because income is above the formula threshold, so I think that means a judge can make it whatever they want). I've gone into debt, so I could use this money, and want to cash the check, but am worried about boxing myself in, and don't have a lawyer to ask at the moment.

There is no agreement. Go file in the child support office. It is free. It is fine to take the money. Get a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I understood it as check was written for (example here) $500 but OP is in the process of asking for $1,000. If OP cashes the check, does that mean OP forever accepts $500 as the amount?

OP here. Yes, this is what I meant. However, we haven't started negotiating the agreement yet, due to life priorities that had to take precedence over pushing through a divorce, so I haven't asked for a specific amount yet. In the meantime, I've received several checks from STBX, at random intervals (not every month), and for random amounts. This is the first one that says it's for "[month] payment", so I don't know the implications. All the checks, including this one, have been for almost insultingly low amounts compared to how much child support is reasonable and necessary, even compared to the court formula (however, CS won't go by a formula in our case, because income is above the formula threshold, so I think that means a judge can make it whatever they want). I've gone into debt, so I could use this money, and want to cash the check, but am worried about boxing myself in, and don't have a lawyer to ask at the moment.

Same thing happened to me, we were an above guideline case. I didn’t want to cash the low check because it was a ridiculous number his attorney pulled out of the air with no data to back it up. Using the formula, he should have sent $700 more for those months. My attorney advised me to cash it, saying the final agreement will reflect the final number each month. Ultimately the monthly number now is higher than what he was sending (but only by about $300). I could have received child support arrears for those months (the balance of what he should have paid versus what he sent) but I waived it during negotiations to get some other provisions I wanted.

[Anonymous]

I am in the process of negotiating child support. My ex has been depositing directly into my account via Zele half of what he should be depositing. It still counts as child support and I can go after him for arrears. However, he can use that as a negotiating tactic. Furthermore, in DC you can only get 2 years of back child support so don't sit on this too long. Make this a priority. The courts are extremely backed up now so it will be MONTHS before it goes before a judge.

[Anonymous]

Anonymous wrote:I don't understand. Your ex sent you a check intended for child support andyou're trying to mess with them by not cashing it so you can claim they did not pay?

You are not this Fing dumb. Please go away. I yield my time . F u.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I understood it as check was written for (example here) $500 but OP is in the process of asking for $1,000. If OP cashes the check, does that mean OP forever accepts $500 as the amount?

OP here. Yes, this is what I meant. However, we haven't started negotiating the agreement yet, due to life priorities that had to take precedence over pushing through a divorce, so I haven't asked for a specific amount yet. In the meantime, I've received several checks from STBX, at random intervals (not every month), and for random amounts. This is the first one that says it's for "[month] payment", so I don't know the implications. All the checks, including this one, have been for almost insultingly low amounts compared to how much child support is reasonable and necessary, even compared to the court formula (however, CS won't go by a formula in our case, because income is above the formula threshold, so I think that means a judge can make it whatever they want). I've gone into debt, so I could use this money, and want to cash the check, but am worried about boxing myself in, and don't have a lawyer to ask at the moment.

There is no agreement. Go file in the child support office. It is free. It is fine to take the money. Get a lawyer.

Let’s assume ex is trying to do the right thing.
Support is based on calculations and around here is retroactive. So a court will pull your income and ex’s income and plug into a calculated and get a number. Ex may offset what is retroactively owed with what they’ve paid. Or maybe they won’t even ask because kids ... they eat.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I understood it as check was written for (example here) $500 but OP is in the process of asking for $1,000. If OP cashes the check, does that mean OP forever accepts $500 as the amount?

OP here. Yes, this is what I meant. However, we haven't started negotiating the agreement yet, due to life priorities that had to take precedence over pushing through a divorce, so I haven't asked for a specific amount yet. In the meantime, I've received several checks from STBX, at random intervals (not every month), and for random amounts. This is the first one that says it's for "[month] payment", so I don't know the implications. All the checks, including this one, have been for almost insultingly low amounts compared to how much child support is reasonable and necessary, even compared to the court formula (however, CS won't go by a formula in our case, because income is above the formula threshold, so I think that means a judge can make it whatever they want). I've gone into debt, so I could use this money, and want to cash the check, but am worried about boxing myself in, and don't have a lawyer to ask at the moment.

There is no agreement. Go file in the child support office. It is free. It is fine to take the money. Get a lawyer.

Let’s assume ex is trying to do the right thing.
Support is based on calculations and around here is retroactive. So a court will pull your income and ex’s income and plug into a calculated and get a number. Ex may offset what is retroactively owed with what they’ve paid. Or maybe they won’t even ask because kids ... they eat.

Its retroactive to the date of filing generally, not retroactive to the date you want.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I don't understand. Your ex sent you a check intended for child support andyou're trying to mess with them by not cashing it so you can claim they did not pay?

You are not this Fing dumb. Please go away. I yield my time . F u.

Found the bitter ex who doesn't want to support their kids. Sad.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I understood it as check was written for (example here) $500 but OP is in the process of asking for $1,000. If OP cashes the check, does that mean OP forever accepts $500 as the amount?

OP here. Yes, this is what I meant. However, we haven't started negotiating the agreement yet, due to life priorities that had to take precedence over pushing through a divorce, so I haven't asked for a specific amount yet. In the meantime, I've received several checks from STBX, at random intervals (not every month), and for random amounts. This is the first one that says it's for "[month] payment", so I don't know the implications. All the checks, including this one, have been for almost insultingly low amounts compared to how much child support is reasonable and necessary, even compared to the court formula (however, CS won't go by a formula in our case, because income is above the formula threshold, so I think that means a judge can make it whatever they want). I've gone into debt, so I could use this money, and want to cash the check, but am worried about boxing myself in, and don't have a lawyer to ask at the moment.

There is no agreement. Go file in the child support office. It is free. It is fine to take the money. Get a lawyer.

Agree.
(SAHM, JD)