Covering bases

[dipper]

Soc,

We are in VA.  Ex was ordered by court in 2004 to pay me half on a joint bankruptcy, which I had paid in full.  She never made any payments and I garnished her several times.  Once this resulted in a show cause on her then employer and they had to pay a fee for ignoring the order.

Since I got custody and she is now responsible for child support, I had let it go for awhile.  As she has a good job and lives with her parents, I decided to offer her a chance to make payments without garnishment.

Within one week, I recieved a certified letter stating she will pay me X amount to clear the matter if I signed that letter agreeing and had it notarized.  Otherwise she would make 10 payments totalling her proposed amount.  (instead of the entire amount)

I did not sign the letter as I felt it was worded in a way that she could pull some tricks out of it.  I did type up a declaration being very specific as to what the money was for, the exact amount, and the amount of time she had to forward the money and signed that.

I received a check for X amount.  Great...but, i am weary if this could still hold any tricks as it was not from her.  The check was made out directly to me from the payroll account of her employer -and signed by the president of the company, who is also her cousin.

She had tore the stub off of the check.  My concerns are that she pays CS through her employer and is behind.  While DCSE is not supposed to give credit for payments not directly to them, I dont trust that it would not happen.  They counted the money they returned to me for overpayments off of my ex's CS payments after she was ordered to pay...

Also, I do not want this being turned in that they 'paid' me and it being something that should be filed on my taxes....

I want something from the company telling me what the amount is for...

Also, I have given DCSE time to address the lack of CS payments with ex's employer.  It is VA law that payments be sent in consistent with employees paycheck..and hers are coming in at various times and not at all for some payments due.

Would a letter on company heading with presidents signature be sufficient should anything arise from this later?


Should DCSE not take action over the CS,  would I be within my rights to send the employer a certified letter concerning this...and further action being a show cause by me on employer?

[socrateaser]

>Would a letter on company heading with presidents signature be
>sufficient should anything arise from this later?

Yes, if the letter expressely states what the check is for. Also, if the check itself says something like "Payment in full," or "Full Satisfaction," or the like, then DON'T CASH THE CHECK, unless you are satisfied that the amount offerred is sufficient consideration to satisfy the company's indebtedness to you. A check with that sort of wording is called an "accord and statisfaction check," and it wipes out any reasonably contemplated debts of the offerring party to the person who cashes it, as of the date the check is deposited.

>Should DCSE not take action over the CS,  would I be within my
>rights to send the employer a certified letter concerning
>this...and further action being a show cause by me on
>employer?

Yes. If the employer was ordered to pay by date X and fails to do so, then you can ask the court to issue money judgment so that you can obtain a writ of execution/garnishment against the employer to force payment.