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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1990
Experience:  Practicing Attorney with 10 years experience
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I am originally from IL and moved to AZ 3 years ago with my

Customer Question

Hello,
I am originally from IL and moved to AZ 3 years ago with my boyfriend, also from IL. I have a son who lives in IL with his father and have child support garnished from my paychecks each pay period. In the beginning of December, I sent my ex husband two checks from the joint bank account that my boyfriend and I shared, one for $200.00 and the other $203.00 which was money I owed him for our sons 2016-17 school registration. I knew my ex husband would not allow my son to come to AZ to visit me over Christmas break if the money wasn't paid to him. So, I sent him his money as I stated above the beginning of December. In the meantime, December 18,2016 my boyfriend and I split up. I was devistated. Not having any family and very few friends in AZ I quickly had find somewhere to live.
On December 29, 2016 I received an email from my ex husband that there is a big problem, that he tried to cash the 2 checks I had sent him and he was informed that the account they were written out of had been closed. I was not aware of this. Apparently my boyfriend whom I had just split up with had gone and closed out our joint account.
I emailed my ex back and told him I had no idea that they hadn't been cashed (since I had sent them to him the beginning of December) and that I had no knowledge of the account being closed until he had brought it to my attention.
I told him that I would resend the checks. I have not done so yet because I have not worked for the past 17 days and do not have the money to send.
He replied that he was going to contact his attorney and the police and file suits against me for writing fraudulent checks.
Here is my question.... They were not fraudulent checks, they were sat on by my ex for over 3 weeks and I was not aware the account had been closed.
What are my rights? I will make good on the checks but it will take a month or so to do it. Is he in the right to be able to press charges against me?
thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  Asad Rahman replied 1 month ago.

No, I do not think he would be able to pursue a criminal claim here but of course he can seek court intervention in the family courts. He would need to file a motion to enforce and if you pay it before the hearing then it is pretty much moot. If he did press charges somehow, then you let the police know and they will likely back off and view this as a civil matter.

Expert:  Asad Rahman replied 1 month ago.

Let me know if you have any additional questions otherwise a positive rating would be greatly appreciated.