CP not accepting child support payments

[dayzy11]

What is the name of your state? CA

My husband was ordered to start child support on April 2003. Since then he's sent April & May checks and both have been sent back "refused" by the CP. My question is, what in the heck can he do about it? He's tried to go to her house and deliver them personally, but she doesn't answer the door. And yes she was there. I told him not to just leave the letters at the door, so since April she hasn't gotten any child support. Is there someway we can document in the courts that she has been refusing the letters/child support payments? He doesn't want to send this month's payment in fear it will be refused again and just waste $9 on registered mail again! Anyone have a solution to this problem or similar problems?? Help!

 

[imxoz]

What do you mean waste the registered mail fee again? I would send it where she had to sign for it, then you would have proof that she got it and then if she chose to tear it up or not cash it it is on her. You would have proof you paid and delivered it.

 

[dayzy11]

But you see she doesn't even accept the letters. Registered mail with return receipt means she has to sign for it, but she just refuses them all together.

 

[imxoz]

I hear what you are saying, and I dont know the legal part but if she refused the letters it seems to me you have proof you attempted to pay it,. ??

 

[dayzy11]

OH yeah. I keep every single shred of paper... postage receipts included!

 

[imxoz]

So you have proof, it is documented. Is she whacked? I am a CP and appreciate any support for my 3 children, what do you think is her motivation?

 

[Terry7]

How is it documented refused ? Try this Send them via U.S POSTAL money order (cheaper) . On them write payment for child support.Keep a receit. Make copies of the money order before seperating the receit.( 15 cent ).
If the money order comes back,keep the addressesed letter postdated.
Take your money order with the receit back to post office and cash it in.
Do not stop sending them.Sounds like thats what she wants to use it against him.
Then if she files a violation,you have copies of receits,letters post marked returned,ext. Keep the cash that you cash back the money orders for support ,you wouldmost likely have to pay it in the end.
watch your bank accounts she dont go to support collection and they freeze them
If she refuses them for 2 or more months,send copies and a letter to the court that ordered it,and have them put the recit copies,and proof shes refusing them in your court file.

 

[dayzy11]

How is it documented refused ?

The reason he sends it registered mail is to prove she got it or not. Anyway, it's documented refused because we get the letters back with the word REFUSED written on it.

And yes, imxoz, I think she is whacked.

Oh, and ty Terry for the advice, I'll tell my hubby to send this months (along with the previous) and if it comes back refused again, send a letter to the court.

 

[Terry7]

The checks have come back refused .Is there someway we can document in the courts that she has been refusing the letters/child support payments?

What i was getting at if you noted on the return receit "payment for Child Support" it would be documented,but the money order way is cheaper ?
Another thing he could try is set it up paid through the child support collection unit.He would probably have to file a modification petition and have the court order it since she refuses or the Judge may simply rule if she dont exept it,you dont have to pay,but i doubt it for the reason is ,support of the child.

 

[Thumbelina58]

what ever you do, you need to get court documentation. She can come back 3, 5 or even 10 years from now, in some states, say she never recieved it, and then sock you for IT and interest and penalties. You need some kind of legal documentation that you are sending and she won't accept. Just curious... maybe she thinks you are sending it certified because there are other documents in there you want to be sure she gets. Like visitation requests, or something.... just a thought

Another solution, you can open an "escrow account', send the check to her, when it comes back "refused", then document it was refused and deposit it into the account. Not sure how legal it is, but we did it, (for various reasons) and when the ex went to CSE we had proof the payments were being made each month into an account with his daughters name on it. When it was heard last month in court, the judge agreed to let the checks continue to go to that same account in the daughters name. The ex didn't like that at all, so NOw we have another hearing in July-ex claims we're not paying the proper per centage into the account.... It never ends, it never ends!!

 

[dayzy11]

Well he doesn't send her any other letters, and never has, besides payment for child support. Hmm... the check has "Child Support for MONTH" written on it. Would it be a better idea to put it on the outside of the letter? I just worry about someone stealing the letter for the check.
Setting something up might be an option later if she continues to be a jerk about it.

Thumbelina, I agree with you there. Document everything was my mother's motto. And it stuck with me too.

 

[Thumbelina58]

YOU know there's nothing else in there other than than a CS check, but SHE doesn't !!!! She's not accepting it for SOME reason. Why don't you just send it REGULAR mail. If it's a check, and it clears the bank, you'll have her signature on it. If it's a money order, copy and save the reciept like the other poster said earlier. Be sure your return address is VERY plain. If it doesn't come back, you'll know 1. she got the check, and 2. she's scared to sign for anything you or he sends her certified.... hmmmmmm

(Actually I never had the "save receipts and document everything" attitude until we started dealing with the ex... SHE's a real DOOOZY!!)

 

[withonel]

Another mailing option

The post office also offers a delivery confirmation service which doesn't require a signature, it's free but you have to send it Priority Mail or Overnight Mail - so the most it will cost is $3.85. Here is a link to explain how it works - this way you have proof that the letter (check) is delivered and your cancelled check is proof she received the money. Even if she doesn't cash the check, you have proof of delivery. I use this to pay the IRS, I make a copy of the check with a copy of the envelope. The delivery confirmations are bar coded and you can check for delivery confirmation on-line (you can even print the labels on-line).

http://www.usps.com/send/waystosendmail/extraservices/deliveryconfirmationservice.htm

 

[stealth2]

certified is cheaper - $4 and change. With a return receipt.

 

[withonel]

Itemized Service Summary
Service Rate & Fees
First-Class Mail $0.37
Certified $2.30
Return Receipt $1.75
Total Cost: $4.42

Actually Certified is $4.42, Priority mail with Delivery Confirmation is $3.85. The poster said the CP isn't picking up the certified letters because CP doesn't want to sign for them, the delivery confirmation service doesn't require a signature, it provides proof of delivery to the addressee.

Whatever works.