Bank withdrawals after filing for separation

[abcdMom]

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

My ex transferred money out of our joint account (to an individual account)after I had filed for separation and he was served. I was under the impression that we were not allowed to do that, and were under a TRO.

He did not tell me when he did it or even after he did it. I just found out by chance when I contacted the bank about something else!

Is this a big deal (legally) ? Or is just one of those rules that are all the time violated and not a big deal. I am hoping/assuming since the money was there on the date of separation and on the day of filing for separation, I am still entitled to half, and shouldnt have to worry about actually getting it back. Is that right ?

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

[Ohiogal]

File contempt (a motion to show cause).

[LdiJ]

Originally Posted by Ohiogal

File contempt (a motion to show cause).

I agree but he will still have to account for the money in the divorce and she will still be credited her share. The problem being that if there are not other assets to offset the share and he spends it...it could be problematic.

[Ronin]

A withdrawal in and of itself is not necessarily grounds for contempt.

It depends upon the amount withdrawn, its intended use, and the wording of the restraining order. There are often ambiguous provisions for reasonable living expenses and other costs. Post separation costs can be initially high when transitioning from one household to two, including legal fees.

It costs money to have your attorney file such motions, which may not be necessary unless it appears there is a fraudulent intent. Assuming there is more to your joint assets than what is in the joint bank account, and that his withdrawals are not too excessive or causing problems for the account, and there is some level of trust on such matters between you two, just keep a record and it should all come out in the wash during the settlement process.

[CourtClerk]

Ronin is correct. As for the wording of the restraining order in effect: (OP, pay close attention to the bolded)

STANDARD FAMILY LAW RESTRAINING ORDERS
Starting immediately, you and your spouse or domestic partner are restrained from
1. removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or
an order of the court;

2. cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other
coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;

3. transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether
community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the
usual course of business or for the necessities of life; and

4. creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to
the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can
take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other
party.

You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these
extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are
effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to
help you or to pay court costs.

[CourtClerk]

Originally Posted by Ohiogal

File contempt (a motion to show cause).

I disagree. We don't know what they did with the money.

[Ohiogal]

Originally Posted by CourtClerk

I disagree. We don't know what they did with the money.

I stand or sit corrected as the case may be. But what I really want to be doing is SLEEPING corrected.

[abcdMom]

Thanks for the responses.

Sorry for the delayed response to your insightful questions/comments.

- The amount transferred was very well over reasonable expenses (living and/or legal costs etc)

- No idea what the intended use of the money was

- The TRO is the standard one pointed to below by CourtClerk

Doesnt it look like fraudulent intent due to moving to individual account as opposed to just withdrawing money from joint account for the expenses as needed.

I agree that filing a motion will cost money and if in the end I get back my due share then it is not worth it. But is there any statute of limitations which says when I can/not file such a motion ?
Also if the divorce takes a while to settle does this money start becoming his ? Any kind of status-quo or any such implications ? I think not. But am wondering why would someone play these tricks if my due share will need to be returned anyway.

To prevent this money from further being moved etc, should I somehow contact the bank to freeze it or somehow place a hold on it ? What is the process to do that, if one exists ?

If I do end up filing a motion of contempt, what happens ? Do the courts view such actions (not following TRO) seriously ? Or this happens all the time and is no big deal.

Thanks!

[LdiJ]

Originally Posted by abcdMom

Thanks for the responses.

Sorry for the delayed response to your insightful questions/comments.

- The amount transferred was very well over reasonable expenses (living and/or legal costs etc)

- No idea what the intended use of the money was

- The TRO is the standard one pointed to below by CourtClerk

Doesnt it look like fraudulent intent due to moving to individual account as opposed to just withdrawing money from joint account for the expenses as needed.

I agree that filing a motion will cost money and if in the end I get back my due share then it is not worth it. But is there any statute of limitations which says when I can/not file such a motion ?
Also if the divorce takes a while to settle does this money start becoming his ? Any kind of status-quo or any such implications ? I think not. But am wondering why would someone play these tricks if my due share will need to be returned anyway.

To prevent this money from further being moved etc, should I somehow contact the bank to freeze it or somehow place a hold on it ? What is the process to do that, if one exists ?

If I do end up filing a motion of contempt, what happens ? Do the courts view such actions (not following TRO) seriously ? Or this happens all the time and is no big deal.

Thanks!

Did he by any chance take 1/2 of the money? You could certainly move an equivalent amount to an account of your own without reprecussions. The bank however, won't freeze it or anything like that without a court order. You would also have to account for that in the divorce as well.

[abcdMom]

LdiJ,
I thought under TRO we were not allowed to move any money around. (only reasonable expenses etc)

Is that not true ?

thanks!

[mistoffolees]

Originally Posted by abcdMom

LdiJ,
I thought under TRO we were not allowed to move any money around. (only reasonable expenses etc)

Is that not true ?

thanks!

Yes, it is true. However, attorneys will sometimes advise moving out half of the money into a separate account and then never touching the joint account. You still have to account for it when the assets are divided, but in many courts, this is a 'no harm, no foul' situation. As long as you haven't taken out more than your half, some judges ignore it. I wouldn't do it unless there was a very good reason AND your attorney (who is familiar with your local practice) says it's OK. AND, I believe it's common practice to notify stbx's attorney that you've done it so that they can remove their half. I don't know if that's required or not, though.