Refusal of Ex Spouse to Accept and Cash Alimony Check

UPDATED: Oct 1, 2022

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Refusal of Ex Spouse to Accept and Cash Alimony Check

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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