Bad checks again


#1

Why do you still have an account that she can write checks on? Does she still need Power of Attorney for writing checks? If the POA allows her to write checks off your account, then I dont’ think you can sue her for writing them.

Unless you close the account, or have the bank disallow her from writing off the account, technically–you’re liable for anything that happens on that account. The banks do not care about your personal situation.

Her causing you this turmoil will not affect alimony. However, if she is cheating, and you have proof, then she will be uneligible for alimony.

I would investigate the suspected cheating and investigate whether you can get another person as Power of Attorney that would have your best interest at heart. Also, talk to the bank about your options. And as always, discuss all this with an attorney.


#2

If you are still living together and she has signatory authority on that account, it is unlikely you will be able to sue her.

If you have a Power of Attorney in effect you can revoke it at any time.

I cannot tell you if she will receive alimony without reviewing all the facts of your case with you.

You may want to attend one of our free seminars which will give you a good overview of the current laws.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My wife is writing bad checks again(her account was closed but she is still on an account I have had for years and the checks that she is signing are with my name ONLY on them.) Can I sue her for anything?? Will the fact that she is writing checks on this account cause problems for me? Also how long does power of attorney last? Because I traveled with my job for long periods at a time, I signed power of attorney over to her. Its been 8 years, and I was wondering does it every expire or have to be resigned?? When we divorce will she be able to receive alimony after causing me all of this turmoil? How do they determine alimony and the ability to receive it?? I suspect she is cheating because I found my car behind a hotel. Wondering what more I can do to protect myself, and our children.