How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117348
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My soon to be ex-wife wrote a check to me for my "allowance"

This answer was rated:

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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and other Family Law Specialists are ready to help you