QUESTION

if I submit a payment plan to my ex-wife for money owed. She cashes one of the checks. Is the plan legally accepted?

Asked on Dec 21st, 2011 on Family Law - Virginia
More details to this question:
45 days later she is trying to refund the money.
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1 ANSWER

Legal Custody Attorney serving Alexandria, VA
1 Award
Is the money owed for a child or spousal support arrearage?  If so, your ex-wife's cashing of the check does not constitute an acceptance of your proposed payment plan, but it will be credited to you for calculation purposes.  If you are attempting to create an "agreement" for an amount of child or spousal support, prior to any orders being entered by the court, cashing the check will also not create a payment plan but you will receive a credit for retroactive payments.           This material is provided for informational purposes only and does not constitute legal advice.  This information does not create an attorney-client relationship between author and reader. 
Answered on Dec 27th, 2011 at 11:25 AM

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