Division of Savings Account

[machsz]

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

My divorce papers state that my I was to receive half of the amount in a savings account my husband had. He gave me a check and refused to produce a statement or any proof that this was actually half the amount. How would this usually be handled? Shouldn't he have to provide proof? Can I have his records of this account subpoenaed myself?

 

[mistoffolees]

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

My divorce papers state that my I was to receive half of the amount in a savings account my husband had. He gave me a check and refused to produce a statement or any proof that this was actually half the amount. How would this usually be handled? Shouldn't he have to provide proof? Can I have his records of this account subpoenaed myself?

You would have to go to court to ask him to produce the records. Whether it's worth it is, of course, up to you.

 

[machsz]

When you say go to court, do you mean I have to get an attorney? Can I do this myself? Since our papers state we are to split the account, seems that I shouldn't have to spend money to ensure that I get the half owed me.

 

[LdiJ]

When you say go to court, do you mean I have to get an attorney? Can I do this myself? Since our papers state we are to split the account, seems that I shouldn't have to spend money to ensure that I get the half owed me.

How much are we potentially talking about?

 

[machsz]

3 to 4 thousand

 

[mistoffolees]

When you say go to court, do you mean I have to get an attorney? Can I do this myself? Since our papers state we are to split the account, seems that I shouldn't have to spend money to ensure that I get the half owed me.

You don't NEED an attorney to file for him to be held in contempt, but your odds of winning are better. You could always ask for him to pay your attorney's fees, but no guarantees that you'd collect it.

You said that $3-4 thousand is at stake. Is that the total value you believe is in the account? If so, how much did he offer you? Or is $3-4 thousand the difference between what you thought you should have gotten and what he actually offered?