Can I still cash the alimony checks that my ex’s employer is still sending even after the time he was suppose to pay has passed?

UPDATED: Dec 5, 2011

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Can I still cash the alimony checks that my ex’s employer is still sending even after the time he was suppose to pay has passed?

In our original divorce decree my ex was ordered to pay alimony for 2 years. One year of the alimony was backdated from the day we separated. Only one year of the Alimony was going to be taken out of his pay by his employer and the backdated year he was to pay on his own (which he never will). That was suppose to end 6 months ago. I am still getting checks from his employer every month. He hasn’t had his employer stop the payments yet. I still cash the checks. Isn’t it his responsibility to make sure it stopped. Can I get in trouble for cashing the checks?

Asked on December 5, 2011 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If I understand you correctly, he owes you 2 years worth, one year paid through his employer (as a garnishment) and one year he was to pay on his own. It appears the one year via his wage garnishment was paid but there is still a deficit of one year. If so, consider this to be your payment and deduct from what is owed. Once all is paid, then contact the employer and explain the payments should stop. Or you can go to court and seek an amendment or continuation of those payments as part of the money that he still owes you.

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