Husband abandoned me and family-he won't help me!

[mmmagique]

In many states, if you need to file for assistance, you can either do it online, or they will arrange for transportation. They also will allow you to mail the forms in if you cannot find any other way.

Call them!

[nextwife]

Originally Posted by CJane

So, please to splain.

He left. Nothing is filed. There is a child to feed that is presumably a child of the marriage. He left behind an ATM card for an account that his name is on and hers is not.

The poster has refused to come back and tell us if "her child" actually is a child of the marriage. We have no idea if the child is another man's child or not.

[CJane]

Originally Posted by nextwife

The poster has refused to come back and tell us if "her child" actually is a child of the marriage. We have no idea if the child is another man's child or not.

That would be why I used the word presumably. Because until she says differently, one should presume that this is a child of the marriage.

Doesn't change the fact that the account is marital property and if there's no divorce filed, marital property is fair game.

[nextwife]

Originally Posted by CJane

That would be why I used the word presumably. Because until she says differently, one should presume that this is a child of the marriage.

Why should we presume this is a child of the marriage? They have only been married 8 years, which is a fairly short marriage. If the child is older than 8, this could easily be a child she already had before she married him.

[Gracie3787]

Originally Posted by CJane

How is she legally barred from accessing the money?

Statute? Case law? Something other than 'just because'?

I don't have any case law or a statute, but I do have my and hubby's personal experience in GA.

Hubby was a long distance truck driver, his paychecks were direct deposited. We do not have a joint account, we each have our own accounts. He needed to take his card with him in case he needed something while on the road. We went to his bank to get a second card, for my use. The bank manager explained to us that he could not have a second card since it is not a joint account. We explained that we did not want a joint account, and would it be possible for him to leave his card with me and I could use it. The manager said that with his WRITTEN permission, filed with the bank, I could use the card, but that she had seen many situations that turned out badly.

Then she explained what we could do would be for him to place me as POA, and POD on the account. That gives me all rights to sign checks and use his card without worries of any problems.

I understand your thinking, but this OP does not want to do anything that could cause her further problems. She really needs to file for assistance, and her husband's bank account will not stop her from getting help, since she does not have any legal access to it.

[CJane]

Originally Posted by Gracie3787

I don't have any case law or a statute, but I do have my and hubby's personal experience in GA.

Hubby was a long distance truck driver, his paychecks were direct deposited. We do not have a joint account, we each have our own accounts. He needed to take his card with him in case he needed something while on the road. We went to his bank to get a second card, for my use. The bank manager explained to us that he could not have a second card since it is not a joint account. We explained that we did not want a joint account, and would it be possible for him to leave his card with me and I could use it. The manager said that with his WRITTEN permission, filed with the bank, I could use the card, but that she had seen many situations that turned out badly.

Then she explained what we could do would be for him to place me as POA, and POD on the account. That gives me all rights to sign checks and use his card without worries of any problems.

I understand your thinking, but this OP does not want to do anything that could cause her further problems. She really needs to file for assistance, and her husband's bank account will not stop her from getting help, since she does not have any legal access to it.

Sounds like bank policy to me, which is completely different than a legal basis for saying it's not marital property.

I know that in MY experience (not GA) that I couldn't file for assistance WHILE MARRIED if there were ANY accounts with mine OR my husband's names on them. HIS trust fund kept ME from qualifying for aid while separated because I was married to him and HE had access to the money.

Nextwife, why SHOULDN'T we believe the child to be of the marriage? By the time I was married 8 years, I had a 6 year old and a 3 year old. Just because it's a 'relatively short marriage' in your opinion, doesn't mean they didn't have a child together.

And like I said - it's irrelevant to the question at hand anyway.

[LdiJ]

Originally Posted by CJane

Sounds like bank policy to me, which is completely different than a legal basis for saying it's not marital property.

I know that in MY experience (not GA) that I couldn't file for assistance WHILE MARRIED if there were ANY accounts with mine OR my husband's names on them. HIS trust fund kept ME from qualifying for aid while separated because I was married to him and HE had access to the money.

Nextwife, why SHOULDN'T we believe the child to be of the marriage? By the time I was married 8 years, I had a 6 year old and a 3 year old. Just because it's a 'relatively short marriage' in your opinion, doesn't mean they didn't have a child together.

And like I said - it's irrelevant to the question at hand anyway.

It may be a moot point anyway. Unless he wasn't thinking he either cancelled the card or cleaned out the account before he left. If he did not, its even possible that he intended her to be able to access whatever money was left in the account.

[penelope10]

I was basically left in the same position after my first marriage. I had a job, however, thank goodness. I was left with a grand total of $1.

I would suggest calling your local United Way. They have knowledge of all kinds of programs that are out in your community that can help.

Good Luck.

[Ohiogal]

I have had clients that have informed the bank of such withdrawals and due to banking law the funds were returned to the account holders AND the spouse was charged with a crime. I have seen it several times. It may be marital funds HOWEVER that is after a court determines it is marital and divides it. Until then she is NOT allowed access to such. But let her do whatever.

[Bali Hai]

Originally Posted by Ohiogal

I have had clients that have informed the bank of such withdrawals and due to banking law the funds were returned to the account holders AND the spouse was charged with a crime. I have seen it several times. It may be marital funds HOWEVER that is after a court determines it is marital and divides it. Until then she is NOT allowed access to such. But let her do whatever.

Very good response OG, but I think people are missing a very important fact in all this, and that is, the COURT will determine whether OP is out of line or not.

My guess is the spouse's you refer to that were charged with a crime were MEN.

Since OP is a woman I believe she will be just fine.

[Gracie3787]

Originally Posted by Ohiogal

It may be marital funds HOWEVER that is after a court determines it is marital and divides it. Until then she is NOT allowed access to such.

Thank you OG, that is what I was trying to say, but couldn't put the words together. Hmm, can a person become senile at age 52? I sure hope not.