An attorney for 61-year-old Francis Wagner filed the suit last week against 57-year-old Diane Wagner, contending his client has suffered emotional distress and that the memo line notes in the weekly $186 checks have intensified his health problems.
Diane Wagner, who is undergoing treatment for cancer, says she pays $744 a month to her ex-husband and that she can write anything she wants because it's a note to herself. She also says she pays him religiously.
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The lawsuit is seeking unspecified compensation for emotional distress.
Diane Wagner said she was faithfully mailing the checks and felt humiliated when a friend this past spring alerted her to postings on a Facebook page maintained by the law firm representing her husband.
The posting, dated March 11, included a copy of one of Diane Wagner's checks to Francis Wagner, and the memo line reads "Alimony/adult child support."
The suit also alleges that a bank error in the spring resulted in a $5,000 deposit by Francis Wagner being accidentally placed in a joint account with his ex-wife. The lawsuit contends that Diane Wagner learned of the accidental deposit and withdrew the money, but she insists she did nothing wrong.