JustinP
recently joined
Reged: 08/01/12
Posts: 8
|
|
I was advised by my lawyer not to pay my soon to be ex with personal checks because her lawyer could take that bank information and use it to get a withholding order against me. Does this seem right?
So if I got a certified check or official check, it still has my account info. Should I go to the store and get a cashier's check?
Any ideas?
Thanks
|
hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
|
|
that's weird, you can open a new bank account online in 5 minutes or less. assuming you wanted to dodge a withholding order placed on your existing account. your lawyer must know something I don't.
|
JustinP
recently joined
Reged: 08/01/12
Posts: 8
|
|
True, and I am not trying to dodge paying. It's just I want to be in control of my own payments and not having some lawyer dipping into my account via court order. And if getting my account information off my check is one way they can achieve this, I don't want to help them.
|
elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
|
|
Personally I would open an account for the sole purpose of paying her. Deposit the amount to cover the check each month and nothing more. You want an account (not money orders) so you can prove what was paid, but your lawyer makes a good point.
--------------------
Forgiveness is...letting go of the hope that the past can be changed.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2011
|
|
First of all, that's just paranoid.
Second, withholding orders typically go to the employer so that the support is withheld from your paycheck. These typically aren't granted for spousal support unless there is a child support order as well.
Third, if you are not behind, a judge isn't going to grant an order that states your ex can seize the amount owed from your account.
Fourth, if you are behind, a court will probably order you to provide your banking information.
|
JustinP
recently joined
Reged: 08/01/12
Posts: 8
|
|
Goodmom are you referring to elliesmom as paranoid or me?
I am a month behind on support from a temporary order from 2 months ago that was based on our old marriage expenses, ie rent from our old place, not where she is living now, etc. It is 47% of my income and I hold almost all of the marital debt. But I digress.
She will start getting money today, I was just unsure which was the best form to use to pay her. I cannot contact her since she filed a cpo against me to get me out of the apartment, so I have to go through her lawyer. I just want to avoid getting the courts involved as much as possible.
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
|
|
I would pay in PENNIES, unrolled, and make the lawyer give you a reciept.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2011
|
|
[quote]
I just want to avoid getting the courts involved as much as possible. [/quote]
I was referring to your attorney's advice not to give a personal check. For one thing, she can't get a withholding order without first going to court. Of which you have to be notified and given an opportunity to respond.
Don't want to go to court? Well, don't pay in pennies as is recommended by a certain poster. A judge may very well feel, along with you being a month late, that you are being vindictive and unreasonable and issue a wage withholding order.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2011
|
|
[quote]I would pay in PENNIES, unrolled, and make the lawyer give you a reciept. [/quote]
That's one way of ending up in court. What you suggested is not only unreasonable, it is vindictive. And would not go well in a court.
|
Sadie
addict
Reged: 06/03/05
Posts: 567
|
|
pennies are lega tender,and if he did pay in pennies, he would no longer be a month behind
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
