Legal Question in Family Law in Michigan

Cashing a check

If a check states ''spousal support paid in full'' on the memo of the check and the person cashes the check, can they go back and dispute the amount?


Asked on 8/24/07, 10:43 am

1 Answer from Attorneys

Guy Clark Clark Legal Services, PLC

Re: Cashing a check

Absent a court order stating that spousal support is terminated it generally continues. It is important to note that spousal support or alimony as it is often referred to cant be paid in full for the future because the law does not treat it as due until the month in which it is owed. This is because a party could die or file a motion that would change the amount due for any given month. Thus, saying paid in full, can only, in Michigan, with regard to spousal support, mean that the past due and current month's support is paid in full. It cannot refer to the future because you can't pay in full that which has not yet even been billed. There are exceptions when Alimony in Gross or Spousal Support in Gross specifically lists how much money is due in total versus a monthly amount.

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Answered on 8/24/07, 11:17 pm


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