Do I have to leave?

What is the name of your state? Florida

Wife left without warning and took children to her mothers. Does not allow me to see them, seldom lets me talk to them, comes in the house while I'm at work, took all bills, receipts, bank statements and computer. Wants me to leave the house so she can come back with the children. I told her I was not leaving but they are welcome to return. Mortgage was paid on time. She has over $30,000.00 in savings and told me that it was her money. She is working only part time and does not contribute to the household expenses. I do not have access to any of the accounts or statements. I feel that she has been taking my money and hiding it for the day she leaves. Her college loans are also paid by me as well as all bills. I am currently documenting everything that is said and done by her since she has left. Will the courts order her to provide all bank statements? Will I have access to the information if ordered by Judge? I found safety deposit box keys with a number, I feel she is extorting money from me. She does not know that I know about the keys. I have not spoken to our daughter for 2 days. She has also removed photos that I had on my dresser of our children.

1) you need to get an attorney fast.
2) you do not have to leave the marital home unless and until you are ordered to.

What about the banking information. Do I have a right to know where all of my money is? She has left me with just the last paycheck I received and I paid the mortgage with that. I have no access to any money to get a lawyer.

Bfonseca said:

What about the banking information. Do I have a right to know where all of my money is? She has left me with just the last paycheck I received and I paid the mortgage with that. I have no access to any money to get a lawyer.

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Depends.

If it was money that was hers before the marriage and you never mingled marital assets with it, she may not have to provide you with information on it. If it's marital, then you have a right to know about it - and she must provide information during the discovery phase.

You definitely don't want to leave the house unless ordered to by a court.

Even if money is tight, you can't afford NOT to get an attorney. With an obvious custody battle coming up, you're going to need help. If you really can't borrow or find any money anywhere, see if there's a legal aid near you. Some law schools will provide low or no-cost assistance. Or maybe you can find an attorney who will take a small retainer and allow you to pay on time. Or maybe you'll have to use your credit cards. The money issue eventually goes away, but if you lose your kids, that's forever.

The money was not hers before marriage. When the direct deposit hits the bank she transfers it from our joint account in to an account that is in her name only. She works part time as a substitute teacher and does not disclose the amount she makes to me. When she takes the money from the account she leaves me an "allowance" of $200.00 that is to last me for 15 days.

Bfonseca said:

The money was not hers before marriage. When the direct deposit hits the bank she transfers it from our joint account in to an account that is in her name only. She works part time as a substitute teacher and does not disclose the amount she makes to me. When she takes the money from the account she leaves me an "allowance" of $200.00 that is to last me for 15 days.

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If the money goes into a joint account and is then transferred to her account, then it would be hard for her to argue that it's not marital property-particularly since it sounds like we're talking about your paycheck.

Unfortunately, you'll probably have to consult an attorney to get it back, though, since she's insisting that it's hers.

Bfonseca said:

The money was not hers before marriage. When the direct deposit hits the bank she transfers it from our joint account in to an account that is in her name only. She works part time as a substitute teacher and does not disclose the amount she makes to me. When she takes the money from the account she leaves me an "allowance" of $200.00 that is to last me for 15 days.

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Then you better the heck get your direct deposit re-routed to an account in your name only, don't you think? Then use that money to pay your bills and any joint bills (to protect your credit) and let her deal with her own bills.

You have three threads going. In one you say its about a friend, in another you ask a general question without specifying, and in this thread you say its you.

Keep your questions in one thread and if its you, stick to you.