Bank accounts

[jag2002]

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

I filed for divorce and my husband opened a separate checking account and moved his automatic deposit to it from our joint account, can he do this even though I created the standard family law restraining orders?

 

[sandyclaus]

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

I filed for divorce and my husband opened a separate checking account and moved his automatic deposit to it from our joint account, can he do this even though I created the standard family law restraining orders?

Why not? It's his paycheck, being deposited in his own checking account. There is no requirement that he continue to deposit it in a joint account where you have access to it, and it isn't like he is moving your money out of the joint accounts to hide it.

For those who are unaware, the Standard Family Law Restraining Orders provide as follows:

Both spouses are restrained from:

• 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;
• 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; and
• 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.
• 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

What is your current source of income? Until the divorce is finalized, or some court order has been issued regarding spousal support (if any), I would suggest you get used to living on what you have on your own.

 

[nextwife]

He is only placing POST-filing income into the seperate account, correct?

 

[Bali Hai]

He is only placing POST-filing income into the seperate account, correct?

That appears to be correct. OP apparently wants any post filing income to continue to be marital. Another what's mine is mine and what's yours is ours.

 

[Antigone*]

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

I filed for divorce and my husband opened a separate checking account and moved his automatic deposit to it from our joint account, can he do this even though I created the standard family law restraining orders?

You created... hmmm...

The direct answer to your question is yes he can and he is smart to do so.

 

[jag2002]

No he took money from the joint account after I filed and put it into his account. He also changed his direct deposit from the joint to his newly opened checking account. Am I correct to understand that I will have to wait until the court orders child support and/or spousal support in order to receive any financial support? I have no other means of support. I was a house wife for 7 years until I found out he was cheating on me. I am living with my mother and still caring for our 3 children. What I meant by "I created the standard family law restraining orders" is that I filed for divorce, not him. I am not trying to be nasty, he wrote to me and told me he was pulling the money if I don't forgive him. I know divorce is nasty but come on! He is pulling the money to feed his kids too, not just me. What can I do to show the court he is playing with me? Should I take in copies of the emails he is threatening me with?

 

[Proserpina]

I understand that you're a SAHM, and that's fine.

But realistically, you can't depend on either child support OR spousal support (and there's absolutely no guarantee you'd get the latter anyway). At some point you're going to need another way to support yourself.

 

[jag2002]

Wait wait wait, I thought this was a community free legal advice website, not a bag on the wife who caught her husband cheating and left with 3 little ones now the hubby is threatening her and you want to belittle her website.

 

[Proserpina]

Wait wait wait, I thought this was a community free legal advice website, not a bag on the wife who caught her husband cheating and left with 3 little ones now the hubby is threatening her and you want to belittle her website.

Uh...excuse me?

What the heck are you talking about?

 

[Zigner]

Wait wait wait, I thought this was a community free legal advice website, not a bag on the wife who caught her husband cheating and left with 3 little ones now the hubby is threatening her and you want to belittle her website.

Huh?

Nobody "bagged" on you - you really should avoid the victim mentality, at least when dealing with your legal issues. It will help you to see more clearly.

 

[strongbus]

OP its not that the board is giving you a hard time. These are the fact of life that would be told to anyone. If you can prove he toke money that was already in the account out and used it for non needed items. ie didn't pay rent or some bill that is needed to live day to day. Then you can get him in trouble with the courts. But if you expected him to keep having his paycheck still put into the account so you could use it to pay for food and stuff for the kids then nope the courts are not going fault him for not doing that. As for what they said bout getting a job yourself. If your ex wants to be a jerk about it there are so many ways he can try and get out of or flat out not pay cs or ss to you. Or what happens if he dies in a car wreck or something and can't pay it. You need to have something to fall back on and be able to count the cs or ss as extra play money. These are facts of getting a divorce that anyone no matter what the reason for the divorce needs to deal with and are told here. Also depending on the laws in your state for a 7 year marriage you are not looking at getting SS for more then a few years. I would guess 5 at most but those here with more info on your states laws can say better

 

[jag2002]

I'm just looking for a straight answer. I don't want to be a victim and am not trying to play one. I'm not a sham, I just wanted to know what he could and couldn't do. I know I can't depend on his money. I just wanted to know if he can take the money post-filed out of the joint account and put into his own. I do now understand that he can take his paycheck anywhere he wants. So straight yes or no, can he take the money that was in the joint before I filed and put it into his own separate account after I filed.

 

[Proserpina]

I'm just looking for a straight answer. I don't want to be a victim and am not trying to play one. I'm not a sham, I just wanted to know what he could and couldn't do. I know I can't depend on his money. I just wanted to know if he can take the money post-filed out of the joint account and put into his own. I do now understand that he can take his paycheck anywhere he wants. So straight yes or no, can he take the money that was in the joint before I filed and put it into his own separate account after I filed.

You seriously need to calm down.

Yes, he can. He did, already.

Now, do you have recourse? Yes you might - you'll have to raise the issue during the divorce.

 

[tuffbrk]

If you have already filed for divorce, have your attorney file to obtain pendente lite support during the divorce process. In the meantime, you need to start filling out applications to obtain employment. It is great that Mom is allowing you and the kids to move in with her (lucky you by the way - many of us didn't/don't have that option) while you are going through such a difficult time. However, you owe it to yourself and the children to provide as similar a lifestyle as you can. Realistically, one income cannot support 2 separate households.