What canI do if my ex-husband is now writing child support checks in my maiden name?

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What canI do if my ex-husband is now writing child support checks in my maiden name?

I use my married name. May I take legal action? 

Asked on January 17, 2011 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the ex is writing the checks to you, but using the wrong name? (If this is not what's happening, please resubmit your question with additional detail.) If this is causing you some damage, such as not being able to cash or deposit the checks, you could take legal action to force him to use the proper name so that you can deposit the checks. Any family or divorce attorney could help you with this; if you don't want to use an attorney, you will be bringing legal action for what's called "injunctive relief," which is an order (an "order to show cause") requiring him to use the proper name so as to honor the requirements of the support order; you could also sue for monetary damages, such as any bounced check fees. If you're not suffering any actual damage or loss however, just don't like him doing this (e.g.  you're still able to deposit the checks), then you can't take legal action--legal action flows out of some loss or cost.


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