If I send an alimony check for a lesser amount and fill in on the memo line that cashing it constitutes payment in full, is that legal?

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If I send an alimony check for a lesser amount and fill in on the memo line that cashing it constitutes payment in full, is that legal?

My ex-husband trashed my house, stole some items and damaged others that were declared my separate property in our divorce. He was squatting in my house throughout the proceedings as I fulfilled my obligation and payed the mortgage. If I were to short him a payment or two citing specifically why, (repair to an antique for example) and he cashes the check for that lesser than ordered amount, will the court consider that month paid in full?

Asked on January 31, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No it would not. You can not modify a court order on your own.  You have every right to have him compensate you for the damage that he did but you need to haul him back to court to do it.  And the proceedings are not the same.In other words, you would have to sue him for damages then obtain a judgement then seek to modify support the order to collect that way.  Do not give him power to go back to court to hold you in contempt which is what will happen if you deduct the money. Good luck.


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