Bad Check

[forthekids24]

Santa Clara County, CA

BM is ordered to pay 1/2 of Private school tution plus Child Support.

She had not paid either in 2 months, she finally cuts a check, it bounces.

1) Can we press charges against her for the bad check (it is almost $1k)?

2) Who do we report it to?

3) Should we file contempt for non payment on the amounts that bounced and the current amount ?  (Another tuition payment was due yesterday and CS tomorrow)

Thanks!
FTK

[socrateaser]

>1) Can we press charges against her for the bad check (it is
>almost $1k)?

The criminal statute evades me at the moment, however, usually, it is necessary to have specific intent to issue a bad check, so if there is any money in the payor's checking account, then it is almost impossible to prove the crime "beyond all reasonable doubt." However, you can certainly call the police and file a report and see what happens.

>
>2) Who do we report it to?

See above.

>
>3) Should we file contempt for non payment on the amounts that
>bounced and the current amount ?  (Another tuition payment was
>due yesterday and CS tomorrow)

Yes, the bounced check would be great evidence for a contempt charge. However, if the payor doesn't have any money or assets that can be executed against, then you'll be throwing good money after bad. The best you could hope for is some jail time -- which could create problems with the payor finding employment later, because of the negative connotation that a conviction brings.

Always a tough call, when it gets this messy