asfasf
journeyman
Reged: 02/02/08
Posts: 84
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STBX moved money out of joint account months ago. I moved out (but still pay full mortgage of the house) and filed custody trail. Just had Child custody trail and was awarded joint legal custody with weekly visitation.
According to my lawyer, since CS is not retrospective, but asset (mortgage payments etc) is, so he expects STBX will file for CS soon. But that hasn't happened. I was worried that STBX may start moving money before filing for CS. My lawyer doesn't guarantee he can retrieve any portion of the moved money back.
Is my concern valid? Should I file to freeze asset now, or wait for STBX to file for CS first?
Thanks in advance!
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Child support is based on income, rather than money in a bank account. Have you, or do believe you will be awarded some of this "moved" money in the future? That's a marital property question rather than child support.
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asfasf
journeyman
Reged: 02/02/08
Posts: 84
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Let me clarify:
My lawyer thinks STBX will file for CS soon as it's not retrospective -- it starts from the date of CS filing. But I suspect STBX is concerned that once STBX files for CS, I will raise the issue that STBX moved money out of our joint account, and I will also ask STBX to share the payment of mortgage which I have been paying. I suspect STBX may wait to file for CS until STBX hides all the money STBX transferred, or even not to file it as long as I pay the mortgage which is significantly more than CS.
So should I file now, including freezing STBX asset, instead of waiting for STBX to file?
Thanks.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Now you are talking about alimony, which is yet another completely different issue.
File now. The longer you pay the mortgage, the higher the chances of that continuing by status quo. You are establishing a pattern of paying alimony.
Ultimately, do whatever your attorney recommends. They will know your case the best.
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Renny
addict
Reged: 09/24/11
Posts: 479
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File now and stop any transfers from joint accounts. Hard to follow your narrative. How would he hide the money? All you have to show is that it was there and now it's gone. I don't see what that has to do with cs. In any event, Your lawyer should know what to do.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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I think you mean retroactive . Most states allow retroactive support till the time the case was filed , some others allow for earlier times ( the date of seperation , etc ).
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Careful. We don't want to learn from this.
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c_jane
Pooh-Bah
Reged: 04/06/07
Posts: 1753
Loc: In the Great State of Texas
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[quote] File now and stop any transfers from joint accounts. Hard to follow your narrative. How would he hide the money? All you have to show is that it was there and now it's gone. I don't see what that has to do with cs. In any event, Your lawyer should know what to do. [/quote]
My co-worker's STBX emptied out all their savings accounts, liquidated stocks/bonds, etc. and hid the money. My friend could certainly prove it was there, then it wasn't. STBX hid it so well they couldn't trace it. My friend WAS awarded 1/2 of the money WHEN it turned up. Guess what? 25 years later and she's still waiting for that money to turn up......
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John Constantine: God's a kid with an ant farm.... He's not planning anything.
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Renny
addict
Reged: 09/24/11
Posts: 479
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I hear you. It gets worse dealing with people with a lot of money, companies abroad and bank accounts all over the place. Even determined institutions with deep pockets and big gun law firms find that it costs more to collect than it's worth.
Some lawyers advise their clients to empty the joint bank accounts the day before filing for divorce. The other spouse then has to beg some law [censored] to take the case hoping to get some attorney fees and eventually collect what is fairly due. Rotten business.
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