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 I had originally made the checks out to him for tax purposes--the amount is such that I will be providing much more than half of his income and I would be claiming him as a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.