How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask California Bar Certified Specialist Y...

California Bar Certified Specialist
California Bar Certified Specialist, Family Law Attorney
Category: Family Law
Satisfied Customers: 4
Experience:  State Bar Certified Specialist Family Law 35 years experience
47393484
Type Your Family Law Question Here...
California Bar Certified Specialist is online now
A new question is answered every 9 seconds

Background - I was ordered by a California Family Law judge

Resolved Question:

Background - I was ordered by a California Family Law judge to make Adult Disabled Child Support (ADCS) checks payable to my ex-wife rather than our son (age 33). [She/her attorney filed a motion in court to order me to change the payee claiming that the checks could not be cashed, even though our son has an account in his name that his SSI checks are deposited in to.] She moved out of state, filed for, and was granted Guardianship for our son. She is also paid as his care provider by the state (in California it was IHSS and is a similar program there). She has told me that if the checks are made out to him, or if the memo shows "Adult Disabled Child Support" (or similar) that his SSI would be reduced [a true statement]. I had originally made the checks out to him for tax purposes--the amount is such that I will be providing much more than half of his income and I would be claiming him as a dependent. The judge, in making the order to change the payee, stated that I could annotate the memo block to show the purpose rather than make the checks out to our son.
Issue - My ex-wife has altered the two checks written thus far to change "Adult Disabled Child Support" to "Spousal Support". My question is, What are the laws governing alteration of the checks? I suspect there aren't any to back up the judge's position, nor mine, but there is a 'reconsideration' hearing in a few weeks, during which the issue will arise. I have copies of the checks (duplicating checkbook for both and I photocopied the second one) and I have printout of the cancelled check images from the bank website showing the alterations.
Submitted: 3 years ago.
Category: Family Law
Expert:  California Bar Certified Specialist replied 3 years ago.
I do not understand your ex wife's motivation. By claiming the money as spousal support she would have to claim it as income on her tax return (and you could probably take a deduction if it were truly spousal support. Is she thinking she will gain some advantage by calling it spousal support.

Edited by California Bar Certified Specialist on 9/1/2010 at 5:38 AM EST
Customer: replied 3 years ago.
She can claim that the "Spousal Support" is just what is ordered by the court (currently $600 per month) if I show something other than that on my 1040... She talked with her local Social Security office (in Idaho) and explained it as 'she pays "child support" and I pay "child support" and "spousal support" and the child support amounts just about offset each other' she then asked them 'if she gets more spousal support will that affect our son's SSI?' They told her 'no' What she did not explain is that there are three different 'colors' of money--spousal support from me to her ($600), child support from her to me ($870--I have sole legal and physical of all the minor children and she has no physical visitation), and Adult Disabled child support from me for our son and now ordered to be made out to her ($667). If the SSA determines that our son has money coming in, including support payments, they will reduce his SSI dollar for dollar (after the first $20) down to zero...he currently receives $606 in SSI.
Expert:  California Bar Certified Specialist replied 3 years ago.
Who is the one who submits statements to SSA to get your son's payments?
Customer: replied 3 years ago.
She interacts with them entirely. She, as his guardian, is also supposed to reaport (annually) the the court there on his financial status. My understanding is that she shows no income for him, whatsoever. In 2009 I 'paid' over $13,000 towards him as ADCS and none of it was reported. It's sort of a 'bonus' for her, as long as it doesn't affect his SSI income (most of which goes to her for 'room and board' as well).
Expert:  California Bar Certified Specialist replied 3 years ago.
I am not aware of any law that would subject anyone to criminal or civil penalties for changing the memo line in a check they have received. I think you should make a copy of your check with the correct memo before you send the check, which, along with the court's order, should protect you if you get audited on your tax return. If you wife is guardian for your son and she is not claiming your checks as income for him to avoid a reduced SSA benefit, she could be in trouble with not only SSA, but the guardianship court as well, as she is perpetrating a fraud on SSA. Once the family law court hears about what she is doing I doubt it will leave the current order in place. I agree with you that checks made payable to your son should be able to be deposited into a bank account set up for his benefit.


If I've helped, please click ACCEPT so I can get credit for my work. A bonus and/or a positive feedback are also much appreciated. This answer provided is informational only. There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice.
California Bar Certified Specialist, Family Law Attorney
Category: Family Law
Satisfied Customers: 4
Experience: State Bar Certified Specialist Family Law 35 years experience
California Bar Certified Specialist and 7 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Your answer confirms my position. In MayXXXXX(different judge) ruled that there be no payment of ADCS, but she did not annotate the reason for her decision. Some ten months later (new judge) the attorney for my ex-wife brings up (ad hoc) the issue of ADCS during his motion for a review of child support and spousal support. [Prior ruling was on a separate motion for ADCS--"denied"] and the judge made a ruling out of hand and over my objection that the matter had already been ruled on. At that time the order was for $1,319 per month in ADCS, which lasted ten months until the judge finally acted on my motion for reconsideration. The ADCS was reduced to $270...the other side asked for reconsideration (granted) and it was pushed up to $667. The matter is now in the process of being appealed (by me...) on several points. Sorry for the long close... Thank you,

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions