When is child support paid by check considered paid?

Question

If a monthly child support check is mailed, when is it considered paid, on the day it's mailed, the day it's received, or the day it clears?

Answer 1

Legally, when it is mailed.  

Answer 2

When it is mailed-- assuming several things:  First, it is mailed before the date specified in your divorce/separation agreement.  Second, you didn't do something stupid like sending a rubber check or postdating it past the due date.

The best thing is to send the check "Certified" mail, which runs $2.70, which is much cheaper than lawyers or bail.  Don't send it "registered," as this will only slow delivery up by a day or two and costs $10.00.  Photocopies to out-of-state jurisdictions of your receipts issued by the USPS are commonly accepted in disputes.  This is a positive defense to both the state collection agencies who hold onto checks out of sheer incompetence and spiteful ex's who hold on to the checks and cash them the day after taking you to court.

Answer 3

I'd think that it would be considered paid when you get it, but if you cash it or put in the bank and write checks on it and it bounces.. then you have other issues?

Answer 4

If this is a government agency you are paying this to, then its much like any other business transaction. Payment is not made until someone opens that letter and sees the check and inputs into the system. If your check doesn't clear you have bigger issues as your payment would be late and delinquent. Just because you mail it doesn't mean it arrived where it needed to be and you are ultimately responsible.

Answer 5

Once the bureau enters it in their records. At this time, the bureau issues and sends a check to the recipeient.

Answer 6

When it has cleared the bank.

Otherwise, it's legally a promisary note.

Answer 7

Actually, child support is required to be in the possession of the receiving parent on the due date, not in the possession of the post office, therefor a check mailed on the due date is legally late at midnight on the due date, just like your mortgage payment is late if the bank doesn't have it in hand.

If your payment is being made through the courts, the only way to ensure it is not late in the hands of the receiving parent is to make sure it is received early.  If it only arrives at the government office on the due date, it is already late.

Answer 8

technically, the day you put the check in the mail.  

If you are paying on your own (w/o going thru your state), then it may be when the check is cashed.  

We'd all like to say, "I'm not responsible for the check once it is in the mailbox" but for all intents and purposes, it's safe to say, you should be responsible for it until it is CASHED.  

At one time, my BF was paying Child Support on his own for about a year.  (He gets garnished now) He would give me the cash, and I would write the check.  We would mail them to the state (Albany, NY), the state would mail them to the Ex.  His ex-wife came banging on our door one day "Where are my child support checks?!  I only get one a month," blah, blah blah.   I printed out all my bank notes, listing all the CASHED child support checks. I showed her all my CLEARED checks from my statements .... it seemed the state was holding 3-4 checks at a time, then sending her one payment.  I told her to go take it up w/ the state.  

If you are going thru your state to pay child support , check w/ them.  

Keep a record of EVERY CHECK YOU WRITE AND SEND.  Photocopy them before you mail them if you do not get cleared checks back.  if you have copies online, print them out.  Keep all bank statements.  And for the love of (insert higher power here), do NOT ever give cash WITHOUT  a signed receipt!  I've seen way too many ex's mess w/ the non-custodial parent when it comes to cash.  

Answer 9

In most states, court-ordered child support must be paid through the court or probation department.  In that case, it is considered paid when it is received at the probation department.