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  • Ex not cashing cheques

    My ex and I went to court in June and It was agreed upon that I would pay some funds for some extra curricular expenses for my one child who is in sports, but the judge stated to pay my ex directly as I have a perfect payment record. Well that being said I sent her the cheque's and she still hasn't cashed them. Does anyone know if I can pay the court directly. Has anyone ever dealt with something in regards to the ex sitting on funds. My thought is if she isn't cashing them then she really doesn't need it.

  • #2
    I would just sit on it myself. Cheques have a time limit when they need to be cashed, not sure I think a year or six months (?). You paid and if she doesn't cash them then tough on her. Just make sure you keep the money in your account in case she cashs them all at once.

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    • #3
      Use email money transfers rather than cheques. That way if she doesn't accept them, you don't have to worry about cheques floating around potentially messing things up.

      Alternately do a money order rather than a cheque, OR setup a separate account JUST for these payments. Leave the money in it to help keep it separate.

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      • #4
        If you think she's hatching a scheme, then make sure you are well documented, and wait for it. Let her stick her foot into it.

        Or you could cancel the checks, and issue a replacement money order. Make sure you communicate very clearly which checks are cancelled (#'s, amounts, issue date, account#, what it is for), and why you are doing this. Then the issue is no longer yours.

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        • #5
          Originally posted by NBDad View Post
          Use email money transfers rather than cheques. That way if she doesn't accept them, you don't have to worry about cheques floating around potentially messing things up.
          I use these and they work very well, but be warned: the Canada Revenue Agency gave me all sorts of grief over these for my 2009 taxes. I gave them copies of all the transfer confirmations, but they needed something confirming the money actually went to my ex, as the transfers only deal with the email address. I was fortunate in that my ex gave me a confirmation in writing I could send to them, but if your relationship with your ex isn't great and you want to claim stuff on your taxes, email transfers might create new problems.

          If you send her cheques and she fails to cash them, you still owe her that money. If it's a chronic problem then another option might be to create a separate chequing account for payments to her, and just transfer the money from your main account to this one. That way, if she decides to sit on a cheque for a few months, it doesn't cause any confusion for your personal finances.

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          • #6
            When the CRA reviewed my support payments made by email money transfer it had no problem.

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            • #7
              Originally posted by dadtotheend View Post
              When the CRA reviewed my support payments made by email money transfer it had no problem.
              Well when I filed for 2008, they had no issue, but my amounts for 2009 were significantly larger. I had front-loaded the amounts I paid in spousal to get the total we had agreed upon finished sooner. Maybe because I was due a big refund, they got pickier

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              • #8
                If you think that she is hatching a scheme, then go file with the local Maintenance Enforcement FRO office, and pay them for the money.

                My ex refused to provide Alberta MEP with her contact details so she could collect the support, and they eventually sent me back a cheque and closed the account. She went to court to claim I had never paid her support, and I was only too happy to provide the print out from MEP and the letter from them closing the account, and the cheque they sent me. Game over for the ex, and she was chastised in court.

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                • #9
                  You are best off to voluntarily sign up with the enforcement agency...that way, there is a record of payment, regardless of whether or not they are cashed....if she is screwing you over and you find out, you can apply for retroactive overpayment.

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