my husband left me jan 8th 2012 just walk out we have two small children he has not given me anything since jan 27th he gave me a check of $100 feb 26th he wrote kids in memo can i write i except this only as a gift aslo in the memo before i cash it we dont go to cout untill middle of march
I don't see that you need to write anything on the check. If you wish to be especially cautious, you could always write "With All Rights Reserved" above your endoresement of the check.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
You can write whatever you like. teh above suggested with reservation of rights is a good one.
It really doesn't matter what you right on the check the court determines support issues. If you are going into court you claim this is a gift he claims it is for support and the judge decides. You may find that the judge only gives an order starting the day of the order. Usually in divorce cases any outstanding debts or needs are addressed by a motion for general support not necessarily under child support.
Whatever you write on the check the judge in a family matter has great power to decide what is what and how things are allocated. The iniital decsions of the court during the time the matter is pending are usually aimed at keeping things going as well as possible expecially for the children. If there are unmet needs or if he was the main support and you have missed payments on thngs because he cut his family off, that is the real issue in a hearing on a motion for support during the action.
This not legal advice which can only be given after a full disclosure and discussion regarding your particular situation. Any answer or comment by the attorney des not create an attorney client relationship and is not protected by privelege.
Take whatever you can get and don't worry about what to call it. Chances are whatever you've been given by your husband is far less than you are entitled to. Go speak with a local attorney immediately to discuss all your rights, options and obligations before you take any further action. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
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