almostfree
newbie
Reged: 05/12/06
Posts: 38
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Is it OK if a custodial parent takes the money from a childs savings account with out the child knowing it? I am getting the feeling that the mother has taken the kids' money. I know she has taken the money from the piggy banks and the kids called her on it and she paid them back. Would a court actually care about this? Seems like a parent with out the kids best interest at heart.
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Renny
addict
Reged: 09/24/11
Posts: 479
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As the legal custodian she can, although it's not very nice. Why not set up an account for the children yourself?
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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I did, but she had all the money from the time the kids were born since she became the custodial parent. I'm seriously considering going after custody again but wasn't sure if this would even matter to a judge. My last experience left me very unhappy as the judge didn't care about anything.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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It won't matter.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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If it's a custodial account and her name is on it then it's not stealing. Like someone else said it's not very nice, but nothing that's going to matter in court. Definitely nothing that will get you custody.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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BM in our situation has done the same thing with my stepsons. Not just taking $ out of accounts, but taking cash out of their wallets also. The money that had built up in any of your childs accounts her name was on is long gone and there's nothing you can do to replace that.
If you want to help your kids going forward, get an account in YOURS and the kids names. The ledgers stay at your house so she doesn't know the account number let alone the bank.
Document what happened with as specific details as you have, and file it in a drawer somewhere for future use when you have more substantial grounds. It won't do much more than demonstrate a lack of integrity, but you use what you've got.
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Marriage doesn't come with a money-back guarantee.
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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She knows where I have the kids' accounts, but I made sure that they can't take any money out with out me being there in order to prevent her from taking the kids there to pull out the cash. I'm sure if the kids knew what she had done, they would have a fit. I knew legally there was nothing that could be done but was hoping that judges would view this very negatively. Now I just need to keep an eye on their credit to make sure she doesn't try to steal their identity. I have joint legal custody so I'm assuming I could press charges on their behalf if she does something like that before they are 18.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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If you bring this in front of a judge down the road, all she's likely to says is she needed the money for their expenses. You'd be hard pressed to prove otherwise, and the judge isn't going to go through her finances at a particular point in time to prove otherwise either. You never know if a judge will allow their personal judgement to impact a case, or if they'll just follow the law. If you get a 'law' judge - nothing will come of it. If you get a judge who sees what she did as unethical - she might get a dirty look and lose something else she's after.
Just add it to The X Is An Idiot list for now.
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Marriage doesn't come with a money-back guarantee.
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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With the amount I pay her in "child support" I think she would be hard pressed to say she needed the money for their expenses. I'm sure she needs the money because she was without power for 3 days and told me the power company came into the house to fix the problem and I know for a fact they only go to the meter on the outside of the house.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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If you're implying she used the money to pay the light bill, you'll shoot yourself in the foot if you even bring it up. The electric bill in a house the kids live in isn't a frivolous expense.
If you do mention it in court, make sure your cs is paid up, and meets the guidelines in your state, because you can bet that after she tells the judge why she took it, she'll then say she needs to increase the cs.
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Marriage doesn't come with a money-back guarantee.
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