If my estranged spouse forged my name on a check and deposited it, does this action supersede our agreement for alimony?

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If my estranged spouse forged my name on a check and deposited it, does this action supersede our agreement for alimony?

Our divorce paperwork has not gone to final judgement yet at the courthouse in CA. I have moved to MI and want to know if she has forged my name on a check in order to deposit it, does this count as “fraud” and does this action supersede the alimony agreement we have pending?

Asked on July 25, 2011 Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are correct that forging your name on a check is fraud.  You should raise this issue with the court.  It is unlikely that you won't end up paying alimony, but it could call into question the amount of alimony your ex-wife is requesting in the pending alimony agreement.  The court might request additional documentation from your ex-wife regarding her financial status.  You may be able to argue for a reduction in the amount of alimony based on the fraud.


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