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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110344
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My soon to be ex-wife wrote a check to me for my "allowance"

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My soon to be ex-wife wrote a check to me for my "allowance" for July. It was from an account that we just separated and it was now in her name. When I looked at my bank account today, she had put a stop payment on the check and the bank took back the money out of my account. There were sufficient funds in her account to cover the check. Is she legally aloud to do that action? I do have an e-mail stating what she owed me for July..
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

NO she is not legally allowed to do that. Once she wrote the check to you for money owed to you, if she stopped payment it is considered issuing bad checks and can be actually prosecuted as a criminal offense if you follow the proper procedures. First, you have to send her written notice demanding she pay the check and any fees you incurred as a result of her stopping payment within 10 days of the letter or you will refer the matter to the DA for criminal prosecution. You must send the letter certified mail and you need a copy of the letter and return receipt (or the unopened returned letter if she refuses it) to bring to the DA with proof of her stopping payment and the DA will pick up charges against her.

You could also sue her in court for the payment for breach of contract, since giving you the check was a contractual obligation that she failed to honor.

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