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Lesko04 · Jun 29, 2009, 07:12 PM

I would like to know if I cash a check for the full amount it should be can I write something on it to ensure I can seek the remainging balance at a later date? Should I send it back?

excon · Jun 29, 2009, 07:20 PM

Hello L:

You can't change the amount to what it SHOULD be. It is what it is, so I don't understand that part of your question.

If it says in the memo section something like "full payment for services" or anything like that, send it back because you can't claim any more than that.

If it DOESN'T say anything like that, you don't need to write anything on it to preserve your right to sue for more later. Just cash it and spend the money.

excon

DrJ · Jun 29, 2009, 07:24 PM

Yeah, not sure exactly what you are saying here but you cannot partially cash a check either... like get part of the full amount now and part later... if that's what you are trying to say? :confused:

excon · Jun 29, 2009, 07:27 PM

Hello again, Dr:

I think he means that the check is for LESS than what is due, and he wants to know if he cashes it, is he screwed.

excon

DrJ · Jun 29, 2009, 07:34 PM

Ahhh.. I see.

Yeah, then make sure there is nothing on the check that conflicts with the original payment agreement was and you will be okay.

Cashing it even if they DID write something in the memo section wouldn't trump your original agreement. However, it may cause more of a hassle than its worth...

Lesko04 · Jun 29, 2009, 07:47 PM

I should have read what I typed. It didn't make any sense. I'll try it again.

I get my child support checks from another state, they are personal checks, not from the court system, this month my check was 266.00 lower than what it's suppose to be. The payee called and stated he was having some financial hardships right now, he said he would mail me a paper stating he would make up the difference when he returns to work, however, the check has the words "June Payment" on the memo line. If I cash it without somehow stating it's not the correct amount, would I ever be able to get the difference of the amount owed he has agreed to catch up?

DrJ · Jun 29, 2009, 07:52 PM

Is your child support mandated by the court or is it a personal agreement between you and the payee?

Lesko04 · Jun 29, 2009, 07:59 PM

Originally Posted by DrJizzle

ahhh.. i see.

Yeah, then make sure there is nothing on the check that conflicts with the original payment agreement was and you will be okay.

Cashing it even if they DID write something in the memo section wouldnt trump your original agreement. However, it may cause more of a hassle than its worth...

How do I answer your questions?

Lesko04 · Jun 29, 2009, 08:01 PM

Dr.J

It's an agreement we had drawn up with an attorney 12 yrs ago. No courts.

Lesko04 · Jun 29, 2009, 08:03 PM

Originally Posted by DrJizzle

Is your child support mandated by the court or is it a personal agreement between you and the payee?

Its personal, no courts, we've had it for 12 yrs, an attny drew up the paperwork

DrJ · Jun 29, 2009, 08:04 PM

Originally Posted by Lesko04

Dr.J

It's an agreement we had drawn up with an attorney 12 yrs ago. no courts.

Oh.. well, simply cashing a check that says June Payment on it will not override the legally binding contract that you had written up with the lawyer.

**unless for some asinine reason there is a clause in there that allows that... which you can rest 99.9% assured that there Isn't a clause stating that**

Always keep receipts of what you are paid by the payee. If he refuses to pay down the road, you will have to sue him for the remaining balance but it is rightfully yours.

After 12 years of paying and hitting a rough patch... I would place my bet on him coming through with the owed money when he can. That's a commendable thing in today's world.

Lesko04 · Jun 29, 2009, 08:09 PM

I wonder if I should wait for his agreement to pay the balance (after he returns to work next month) to come in the mail, theny copy them side by side then cash it or just send the check back, then I will have to wait for July to get any of it? I want to be trusting, we've always been able to talk, not argue, our way has worked for so long, but he is married now and I just found out they have a 2 yr old, the new wife could change things...

Lesko04 · Jun 29, 2009, 08:12 PM

Originally Posted by DrJizzle

oh.. well, simply cashing a check that says June Payment on it will not override the legally binding contract that you had written up with the lawyer.

**unless for some asinine reason there is a clause in there that allows that... which you can rest 99.9% assured that there ISNT a clause stating that**

Always keep receipts of what you are paid by the payee. If he refuses to pay down the road, you will have to sue him for the remaining balance but it is rightfully yours.

After 12 years of paying and hitting a rough patch... I would place my bet on him coming thru with the owed money when he can. That's a commendable thing in today's world.

He always has did what he said he would do, and I do know it's rare today for some people to tend to their obligations, I am more concerned with the new wife and her motives, I'm a wife and I know what kind of power women can have over a man.

Lesko04 · Jun 29, 2009, 08:20 PM

I'm in Michigan and I don't know the law about writing statements like "under pressure" or " crossing out the words June payment and writing partial payment of 400.00/balance due 266.00 for the month of June
Or just be patient and see what happens

JudyKayTee · Jun 30, 2009, 06:11 AM

Originally Posted by Lesko04

I would like to know if I cash a check for the full amount it should be can I write something on it to ensure I can seek the remainging balance at a later date? Should I send it back?

Anything YOU write on SOMEONE ELSE'S check is meaningless.

JudyKayTee · Jun 30, 2009, 06:12 AM

Originally Posted by Lesko04

I would like to know if I cash a check for the full amount it should be can I write something on it to ensure I can seek the remainging balance at a later date? Should I send it back?

Anything YOU write on SOMEONE ELSE'S check is meaningless.

I believe this should be combined with the other thread - same general subject and easier to follow if combined. https://www.askmehelpdesk.com/family...es-370477.html

DrJ · Jun 30, 2009, 07:57 AM

Originally Posted by Lesko04

I wonder if I should wait for his agreement to pay the balance (after he returns to work next month) to come in the mail, theny copy them side by side then cash it or just send the check back, then I will have to wait for july to get any of it? I want to be trusting, we've always been able to talk, not argue, our way has worked for so long, but he is married now and I just found out they have a 2 yr old, the new wife could change things........

Well, it sounds like he has been with said wife for at least 2 years... that's a long time of STILL doing what he agreed to do 12 years ago, regardless of what this new wife may or may not be telling him.

I would wager that you are going to be okay regardless. And remember, that memo portion will not hold up in court OVER what you had drawn up with the attorney.

But if you are okay cashflow wise, wait for the statement that he was going to send so you can sleep easier at night :)