Refusal of Ex Spouse to Accept and Cash Alimony Check

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Refusal of Ex Spouse to Accept and Cash Alimony Check

Hello,
Florida resident, and after many years of accepting alimony ex spouse out of the
blue is not cashing checks. I worry the ex spouse may be looking to accuse me of
non-payment. What should I file with the court to show I’m attempting to pay?

Asked on November 18, 2017 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You *can't* proactively file anything with the court: the courts don't accept proof there is no legal claim in advance of someone bringing a claim or action against you. What you can and should do is:
1) Keep copies of all checks;
2) For checks sent to date, write down a log (best as you can) of how/when you sent them.
3) From now on, send all checks in some way you can prove delivery (e.g. certified mail or Fed Ex with tracking), then print out and keep the delivery confirmations from the website(s).
4) Send your ex a letter, sent again some way you can prove delivery, listing the checks you sent them and when, stating that you noticed they have not been cashed, and offering to void or stop pay the existing checks and send new ones if the checks never arrived, so long as the ex sends you a written statement that they did not receive them.
Do the above, and you will create a good papertrail of your efforts to comply.


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