Legal Question in Family Law in Arizona

have a check & want her half for back child support

She moved out of state & left kids with me,& I recieved a check with both our names on it. My 3 daughters & I would like to know what I need to do to cash this check. She has been gone 6 years now I'm running out of time to cash this check that i recieved for my house. The check says Me & her not (or) her What can I do? Please help

--name removed--

Asked on 7/27/04, 10:01 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: have a check & want her half for back child support

Thank you for your inquiry. You did not indicate whether or not divorce has been filed. If not, you can file for divorce and ask to be awarded these funds (or ask for permission to cash the check and hold her half). This is not a fast process, but it is a way to get legal permission to use the check. If this is not an option, you can ask to have the check re-issued with a new expiration date, or ask if it can be re-issued as two separate checks. If you still have a joint account, you might be able to write "for deposit only" and deposit the funds and hold aside her half.

You won't be allowed to keep "her" half without her permission or a court order awarding the funds to you.

I hope this information is helpful.


Monica Donaldson

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Answered on 7/29/04, 4:02 pm

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