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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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Good Evening, I sent my ex-wife a cashiers check on November

Customer Question

Good Evening,

I sent my ex-wife a cashiers check on November 4, 2012 in the amount of $643.50 to cover my portion of the airfare for Thanksgiving.
I received an email from her today, stating she just found the check and her bank will not honor it due to the date.
Now, she would like to for me to just electronically deposit $643.50 today.

I contacted my credit union today and they stated the check would have to be sent back, presented and they would cut a new check.

She is upset that I have asked her to send me the check as she wants her cash now.

I do not feel I am obligated to deposit these funds ASAP into her account, as the funds directly related to that cashiers check are in the check she misplaced, not my account.

What am I legally obligated to do? Is she legally obligated to cooperate? What is this called in legal terms? I appreciate your help. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

You fulfilled your obligation on November 4, 2012 when you sent her the cashier's check for your portion of the airfare.

It is NOT your problem that your ex failed to cash the check in a timely manner. If she "misplaced" the check, then it was her obligation to let you know so that you could put a "stop payment" on the check.

If your credit union wants the check back, then if your ex wants the money, she should cooperate. However, to cover your bases, you may wish to have the credit union write a memo/letter indicating its policy to replace checks that have become "stale" because they were not cashed in a timely manner. You can send a copy to your ex and keep a copy for yourself (just in case she tries to take you to court).

She waited 7 months to let you know that she either "misplaced" or didn't cash the check. It is NOT your problem that she wants the money NOW. Again, you fulfilled your obligation when the cashier's check was sent. While you will still have to give your ex the funds, she must comply with the policy of the credit union regarding the return of the check so that a new one can be issued.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
We are going to trial on the 28th for a visitation issue. She wants some of my summer visitation time, I told her no.

She had to move to Texas due to military orders and in the best interest of the kids I agreed to let them leave the state. I teach elementary school and my only vacation time is the holidays and summer. My visitation was cut from 35% down to 17% by allowing the move.

Shall I bring this new check issue up in court and how would you tie it into everything?
Expert:  xavierjd replied 1 year ago.
Hi Kevin,

Hopefully, before your hearing, your ex will return the check to you so that a new one may be re-issued.

The issue of the check is your ex's issue. She is the one who wants the funds. You do NOT need to address the issue. If she brings it up, then, hopefully, you will have the memo/letter from the credit union explaining their policy regarding "stale" or "misplaced" checks. You should have proof that you sent the credit union memo/letter to your ex. Therefore, you should send it via regular mail AND certified mail, return receipt requested. There is no need for you to bring it up. You did what you were suppose to do! Based on your post, she will LOSE on that issue.

As far as visitation, you have been VERY accommodating to your ex. She wants her cake and to eat it too! You have allowed her to move from South Carolina, and as a result, your visitation has been cut in half.

You keep accommodating your ex. It's now time that the best interests of the children are put first and that you are able to garner a solid relationship with your kids.

If she brings up the check issue, you can tie it in to the fact that it is YOU who is ALWAYS accommodating your ex. She needs to be responsible, not only with her finances, but as a parent. She needs to respect, and assist in your ability to foster a good relationship with your children. The children have 2 parents....not 1. You have put the best interests of the children first. She has not done the same. Accommodation works both ways--not only with respect to the check, but with respect to the children, as well.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 5 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Kevin,

Thank you so much for accepting my answer! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert by placing it in the subject line.

Thanks again,

xavierjd
Expert:  xavierjd replied 1 year ago.
Hi Kevin,

Thank you so much for "accepting" my answer. I greatly appreciate your kindness. I am glad that you found the information useful.

If you have any questions in the future, you can specifically request me as the expert in the subject line.

Thanks again, and best wishes.

xavierjd
Expert:  xavierjd replied 1 year ago.
Hi Kevin,

Thank you so much for the "accepting" my answer! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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