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

Recently I returned from a deployment to Kuwait. While I was gone, in July of last year, my husband abandoned my kids and me (they stayed with my parents for the rest of my deployment) and we still cannot find him. I filed for divorce in the county court in May. This week, I received a letter in the mail that my bank account has been levied for my stbx's past due child support to his daughter from a previous relationship. This is my account and he was listed as an authorized user. The only thing that goes into that account is my GI Bill education money. I really don't use that bank account except for that. Do they have the right to take my education funds even though I have filed for divorce and his debt is not mine?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

Recently I returned from a deployment to Kuwait. While I was gone, in July of last year, my husband abandoned my kids and me (they stayed with my parents for the rest of my deployment) and we still cannot find him. I filed for divorce in the county court in May. This week, I received a letter in the mail that my bank account has been levied for my stbx's past due child support to his daughter from a previous relationship. This is my account and he was listed as an authorized user. The only thing that goes into that account is my GI Bill education money. I really don't use that bank account except for that. Do they have the right to take my education funds even though I have filed for divorce and his debt is not mine?
You listed him as an authorized user and didn't remove that authorization with the bank when you filed for divorce. So it will depend on what he used the money for. Did he use it for living expenses for him or the kids? Still,

You're going to need to ask the court to have him reimburse you for that money during the course of the divorce process. That should be treated as a separate asset rather than a marital asset.

You might also try talking with the bank. Since the account is in your name, they may have made an error in attaching it - even though he is authorized to use it.
 

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