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  #1  
Old 06-07-2009, 01:24 PM
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Husband abandoned me and family-he won't help me!

What is the name of your state (only U.S. law)? GEORGIA

My husband of 8 years abandoned me and my child the day before our anniversary. He left me with nothing--no car, no money and no food. I was in the middle of finding a job to help him out and had gotten hired for a job, but had to turn it down because I don't have a car. I had $6 in my bank account and a box of rice in the pantry. He left on a Saturday and I was supposed to go shopping on that Monday, but since he left, I haven't been able to do any shopping--he won't give me any money. I called to see if I canget foodstamps but was told I would need to go to their offices....the taxi ride is too expensive and I dont have any friends available to take me (just moved here). Me and my daughter may have to go to shelter, but geez, how are we gonna get there??? He just told me the other day that he cant pay the rent for the month of June because he has to pay the person to where he is staying with, money for staying there, so now me and my daughter are screwed. Do I have the right to use his bank card to pay the bills for the household, even though he does not live here anymore? I will be filing for a divorce shortly. Thanks in advance for your suggestions...
  #2  
Old 06-07-2009, 01:29 PM
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How are you going to get to the courthouse to file?
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CourtClerk is right.
  #3  
Old 06-07-2009, 01:30 PM
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I can do it online..
  #4  
Old 06-07-2009, 01:38 PM
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Quote:
Originally Posted by CHEF823 View Post
I can do it online..
What county?
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CourtClerk is right.
  #5  
Old 06-07-2009, 03:50 PM
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Quote:
Originally Posted by CHEF823 View Post
What is the name of your state (only U.S. law)? GEORGIA

My husband of 8 years abandoned me and my child the day before our anniversary. He left me with nothing--no car, no money and no food. I was in the middle of finding a job to help him out and had gotten hired for a job, but had to turn it down because I don't have a car. I had $6 in my bank account and a box of rice in the pantry. He left on a Saturday and I was supposed to go shopping on that Monday, but since he left, I haven't been able to do any shopping--he won't give me any money. I called to see if I canget foodstamps but was told I would need to go to their offices....the taxi ride is too expensive and I dont have any friends available to take me (just moved here). Me and my daughter may have to go to shelter, but geez, how are we gonna get there??? He just told me the other day that he cant pay the rent for the month of June because he has to pay the person to where he is staying with, money for staying there, so now me and my daughter are screwed. Do I have the right to use his bank card to pay the bills for the household, even though he does not live here anymore? I will be filing for a divorce shortly. Thanks in advance for your suggestions...
Do you have a JOINT checking account?
If not, and you are do not have a power of attorney on his account- NO, you cannot use HIS card.

You can go to file for food stamps and other assistance in the AM. Unless you are disabled, you may have to walk to the offices.

You also NEED to get into an attorneys office for a consult ASAP. Try calling your local Legal Aid office to see if they can help.
  #6  
Old 06-07-2009, 04:40 PM
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Walk to a local church they will be able to tell you of some programs that may help you out.
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  #7  
Old 06-07-2009, 06:29 PM
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Originally Posted by Nativity View Post
Walk to a local church they will be able to tell you of some programs that may help you out.
And probably would be willing to arrange a ride as well.
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  #8  
Old 06-07-2009, 06:38 PM
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Quote:
Originally Posted by CHEF823 View Post
What is the name of your state (only U.S. law)? GEORGIA

My husband of 8 years abandoned me and my child the day before our anniversary. He left me with nothing--no car, no money and no food. I was in the middle of finding a job to help him out and had gotten hired for a job, but had to turn it down because I don't have a car. I had $6 in my bank account and a box of rice in the pantry. He left on a Saturday and I was supposed to go shopping on that Monday, but since he left, I haven't been able to do any shopping--he won't give me any money. I called to see if I canget foodstamps but was told I would need to go to their offices....the taxi ride is too expensive and I dont have any friends available to take me (just moved here). Me and my daughter may have to go to shelter, but geez, how are we gonna get there??? He just told me the other day that he cant pay the rent for the month of June because he has to pay the person to where he is staying with, money for staying there, so now me and my daughter are screwed. Do I have the right to use his bank card to pay the bills for the household, even though he does not live here anymore? I will be filing for a divorce shortly. Thanks in advance for your suggestions...
Is the daughter HIS child or someone elses?
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  #9  
Old 06-07-2009, 07:28 PM
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Even if it's not a joint checking account, it's marital funds. You have the right to half the cash in the account. Walk to an ATM.

Where did you move from?
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  #10  
Old 06-07-2009, 10:15 PM
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Quote:
Originally Posted by CJane View Post
Even if it's not a joint checking account, it's marital funds. You have the right to half the cash in the account. Walk to an ATM.
That is incorrect in GA.

OP cannot legally access a bank account that is in her husband's name only.(Unless he previously had her added as POA)
Yes, in the divorce, she may be entitled to a portion, but she cannot use hubby's card without his permission. She could get into alot of legal trouble if she does.
  #11  
Old 06-08-2009, 12:33 AM
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Originally Posted by Gracie3787 View Post
That is incorrect in GA.

OP cannot legally access a bank account that is in her husband's name only.(Unless he previously had her added as POA)
Yes, in the divorce, she may be entitled to a portion, but she cannot use hubby's card without his permission. She could get into alot of legal trouble if she does.
If she has EVER had his permission to use the card in the past, and he did not specifically REVOKE said permission, she does not need his permission to use the card every. single. time. that it's used.

But he's an idiot if he left a bank card behind and keeps money in the account.
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  #12  
Old 06-08-2009, 09:18 AM
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Quote:
Originally Posted by CJane View Post
Even if it's not a joint checking account, it's marital funds. You have the right to half the cash in the account. Walk to an ATM.

Where did you move from?
She is NOT allowed to access those funds however until a court order awards them.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #13  
Old 06-08-2009, 09:19 AM
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Quote:
Originally Posted by CJane View Post
If she has EVER had his permission to use the card in the past, and he did not specifically REVOKE said permission, she does not need his permission to use the card every. single. time. that it's used.

But he's an idiot if he left a bank card behind and keeps money in the account.
Not necessarily. She would have had to been given blanket permission and his leaving could be taken as revoking of said permission if she knows that the marriage is over or he wants out. It is treading on extremely thin ice for her to use the card now. Since he moved out she should NOT be using HIS card.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #14  
Old 06-08-2009, 11:09 PM
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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.

Why does this NOT apply?

Quote:
[url=http://www.divorcelawinfo.com/states/ga/gapropdiv.htm]Georgia Marital Property Law[/url]

Everything with exchangeable value or anything that goes to makeup a person's wealth: every interest, estate, obligation, right. Anything that you own or that generates income is considered by the law under the category of property:

Your car, your furniture, money in bank accounts, retirement plans, even a business or a profession is property. In a divorce action, property also means what you partially own and owe money on; it includes your debts.

...

Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is).
Again, nothing is filed, yes? How is this different than if he left town for a weekend and there was an emergency? She has access to marital funds. They're married.

How is she legally barred from accessing the money?

Statute? Case law? Something other than 'just because'?
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Walmart is, somehow, the scariest place in the world. All they need to add to make it the most horror-filled place ever is CLOWNS.
  #15  
Old 06-08-2009, 11:18 PM
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Trust me. It may not be fair, but listen to these guys.
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
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