I'm leaving my abusive husband and I have no money. We're moving to my mom's ( my 2 small children and myself). My husband wrote bad checks on our joint bank account and the bank closed it. He has recently opened a new account that he thinks I'm unaware of. I have found a checkbook after some serious searching. If I wrote a check to myself from his account made to me for child support, is that a crime since I'm his wife? We live in Michigan.
2006-12-09 00:11:46 · 24 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Are you on the account - meaning is it in both of your names? If he thinks you don't know about it then I am assuming you are not on the account. Married or not - if you are not on the account as a signer then you cannot write checks - then you would be guilty of writing bad checks. Why not just go into the bank and make a withdrawal if you are on the account. Once the first check clears the bank he is going to shut it down you know that right? Go to the bank IF AND ONLY IF you are on the account - withdrawal all the money you can and LEAVE.
2006-12-09 00:15:12 · answer #1 · answered by T C 3 · 1⤊ 1⤋
Fine line. But in any case if you aren't on the account even if you're technically still married forgery can be a felony. And that may be a little something if he presses charges he may end up with custody of your kids. There are places to go for these days for (godforsaketheystillcallit).. battered women where they have lawyers available and such. Whatever you do, do it legal. Unfortunately the system is not flawless, if you try to do something in your best interest it may not result in the way you think. Do not think about what you should be getting from him but instead.. "even if I have nothing" what can I do to protect my children. Money (ultimately) does not matter as comparison to the physical and emotional well being of a child (and that means the well being of their mother also)..
Just googled in case Michigan was community property... it isn't..
Is Michigan a community property state?
"No. Michigan is an equitable distribution state which means that the court may distribute any assets of either party in any manner it sees fit. The standard is that the property division must be fair and equitable under all of the circumstances of the case.
What does the judge look at?
The judges look at essentially the same standards as for the determination of whether spousal support should be awarded; including: the past relations and conduct of the parties, the length of the marriage, the ability of the parties to work, the source and amount of property awarded to the parties, the age of the parties, the ability of the parties to pay spousal support, the present situation of the parties, the needs of the parties, the health of the parties, the prior standard living of the parties, whether either party is responsible for the support of others and general principals of equity."
That means be legal and be careful. These days fathers are getting more rights (and thank GOD for that) but some bad ones are taking it to their advantage in the wrong way. You could come out at fault for doing something bad. Don't think of the money, think of the children!!!
2006-12-09 00:13:27 · answer #2 · answered by _CheleBell_ 2 · 0⤊ 2⤋
You need to talk with an attorney, or even the district attorney, in your area. I live in Ky. and when my wife decided to leave, she cleaned out all the bank accounts and savings. There was nothing I could do legally about it because we were still married and there had not been any papers for divorce filed yet.
2006-12-09 00:36:36 · answer #3 · answered by jerrycarr99029 3 · 1⤊ 0⤋
If your name is NOT on the account, then yes it is fraud. It is also theft.
If he opened an account without your name, you have no right to the money in that account.
If you need money, contact a local battered woman's shelter for help. Since you already have a place to go, they may be able to help you with the funds to get there. Also, as soon as you get settled in, contact the county human resource office(welfare) for assistance.
Good Luck!
2006-12-09 00:17:19 · answer #4 · answered by Jen 6 · 1⤊ 1⤋
The sad and honest truth is, if your name is not joint on the bank account (which sounds like its not) and you do write the check to yourself, yes it would be fraud. He could file a law suit against you regardless of what the issue is, because you'd be putting yourself in the wrong.
The best course of action would be to file for a divorce, move out, call the police on charges of abuse, and file a lawsuit in court (this is the proper way) to have him pay for child support. Unless the court rules in your favor and says he is responsible for child support, as wrong as it sounds, he has the right to not pay anything because technically he is not obligated to legally. You can not steal money from him expecting to argue on grounds of help paying for child support if it has not been legally ruled by court.
To make matters worst if he sues you for stealing money from his account by writing fraudulent checks to yourself, it would make you look like the bad person. My advice is report him to the proper authority regarding the abuse and find a lawyer as soon as possible
2006-12-09 00:19:01 · answer #5 · answered by Omnis X 1 · 2⤊ 1⤋
If the account is in his sole name then yes, it's a crime to do this.
However, if it's funds that ought to be payable to you both then you can make it known to the bank your joint account is at. Anf you'll need to know about it when you divorce and apply for child support through the proper means.
I hope you do't get caught coz you need that cash
2006-12-09 00:14:39 · answer #6 · answered by rchlbsxy2 5 · 1⤊ 1⤋
Since it would appear that you are not a part of his new account, and you signed your name to the check, the bank would not honor it because it is not joint, or you have no signing privileges. In this case, no fraud would be considered. But, if you forged his name to the check, then it would be fraud and you could be persecuted and/or prosecuted.
2006-12-09 00:17:48 · answer #7 · answered by Ted 6 · 1⤊ 1⤋
He wouldn't have created a joint account, if he is hiding money from you. While you are entitled to support, it is illegal to endorse his check, unless you are authorized to.
Go see a divorce lawyer or a counselor at a battered woman's shelter. They'll be able to give you sound advice, and help point you in the right direction to get the support you deserve.
2006-12-09 00:23:36 · answer #8 · answered by Often self-amused 1 · 2⤊ 1⤋
ask an attorney, but if both of your names are on the account with the bank, then no, but if he opened an account with just his name, then yes, it is a crime
2006-12-09 00:34:51 · answer #9 · answered by bugger_nsox 1 · 0⤊ 0⤋
Take it all & deal with the legal stuff later. I dont know of any judge or jury who would take action against the victem of an abusive husband whos hiding money from his children & wife. Take it all. Do it before you move out of the house & you have every right to do so, take it after you move out & you may have to answer to a court of law...
2006-12-09 00:21:57 · answer #10 · answered by Anonymous · 2⤊ 1⤋