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8 years ago I divorced while living in NH with a stiupulation

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8 years ago I divorced while living in NH with a stiupulation of paying him $6,500 within 18 months. During that time, he failed to uphold his obligation to pay court ordered items. I subtracted those amounts from my oblication and wrote a check for the balance. The check was sent to him with a listing of items that were subtracted. He signed the check and deposted it. He since remarried and is now telling me I owe him the balance. Since he signed and deposted the check, isn't that considered his acceptance and file is closed?

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!


Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with family law and civil litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "Since he signed and deposted the check, isn't that considered his acceptance and file is closed?" Yes. Your former husband is without recourse here on more than one ground. First, there is the application of the equitable doctrine of "laches". In other words, he has "sat" on his rights for so long that any claim has become "stale". Furthermore, there is consideration of the legal doctrine of "limitations", which sets a definite point beyond which it is simply too late to seek judicial redress by filing suit. Finally, you have available the affirmative defense of "accord and satisfaction", as evidenced by his signing of the check. Essentially, by making the deductions and submitting the check, you presented him with a settlement offer, which he accepted. He would have had 90 days to contest this thereafter, pursuant to New Hampshire Revised Statues Annotated § 382-A:3-311. The botXXXXX XXXXXne is that, on a number of different grounds, you are indeed correct.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope that all works out and is resolved.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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