quote:This has been explained to you at least a dozen times now. It doesn't matter that your name is on the old account. It doesn't matter that the account is still open. He simply used the established account as the best place for the check to clear, which is reasonable.
[i]Originally posted by lookingforanswers[/i] [br]My name is still on the account and the account is still active.
What part of “anything he earns AFTER YOU ARE SEPARATED is HIS. Not yours” is so hard to understand?
What part of keyword-GENERALLY don’t you understand, ncspouse78!!! Now according to the attorney from what I read into into it, I may be entitlted to some of it. It all depends on other circumstances. He could have easily opened an account first and then put the check in that account. Besides I am through with you and your responses. I have read on some divorce sites where money can be awarded to the other spouse even after the money was received after the separation.
I apologize lookingfor answers I put on my reply “I” When I meant put she, I got so heated at reading some of the comments from ncspouse and I agree with you, this person seems to be irate! Not trying to take over your topic.
Thanks, no problem with that. ncspouse78 you seem to be taking this personal, i was just trying to get answers from the lawyer and she does say generally the money will be considered separate, but she does say generally, so that could mean that I could get half. The lawyer also said she doesn’t know the amount so the leads me to believe I could get half, depending on the amount. I’ll just seek advice from my own attorney, Thank you. Besides only you and stepmother responded about this and not a dozen times either. i would appreciate if you not respond back to me again. Thank you.
Well, if the funds were for a re-enlistment bonus, then you are more than likely not entitled to them. However, some re-enlistment bonuses are earned upon re-enlistment which occurs during the marriage and then are paid out over time, some of the payments may then occur after the date of separation buy may be still marital. However, if the re-enlistment papers were signed after the date of separation I think that is clearly separate money.
The fact that the funds were deposited into a joint checking or banking account are not relevant here since you are separated. Thank you and good luck.
Oh - and I recommend you close the joint account.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you Janet, that is all I wanted, as far as I know the papers were signed before we separated. As far as the bank accounts, I was just going off of what one attorney told me, he never explained that it was irrelevant. My stbx does not want to close the account. He wants my name left on it just in case I need to use it for the children which I don’t.
Dear lookingforanswers:
I would still close it and have him just give you child support or money by direct draft if you need it. Good luck though.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you, He was supposed to have set up an allotment for me to receive the cs and has not. I have asked and asked him to and he will not. He just says He has set it up and does not know why it hasn’t started. He supposedly set up the allotment from the ship so it comes directly out of his paycheck to my bank account.It’s been like this for the past 9 months. Is there anything I can do to make him set this up, because I do not like him knowing my account number. Unfortunately, we bank with the same bank. I am in the process of trying to open up a new bank account at a different bank. I know he will need that number to set up the allotment, but I don’t want him to be able to transfer the money or do anything to my account.
This response has nothing to do with the money you are asking about but strickly about the bank account situation. He should not need to know your bank account number for this. If he has set it up for this to come out of his check, I would think that this would mean the company, in this case the government, would need to contact you with a direct deposit form, or they would get an address from him to send you a check. The check would be made out to you. HE would not get the bank account information and should not have any reason to ask for it.
I agree with the attorney, close the joint checking account, there’s no reason to have it, nor is there any reason for him to have access to a bank account you use. You are separated. If you think it’s necessary you could set up two accounts, one in your name alone for your own use and one in your name for the child support. This way he would not have access to all of your money. I believe that if he’s having the child support drafted out of his check then it could be or should be sent by check to you. If they are not able to send you a check from money they are withholding from his pay, then they would not have him give them a bank account number for the deposits, unless it was his own account. If he is using the joint account for child support then he will have access to withdraw those funds as he wants also. It will not be YOUR money unless it’s in an account solely in your name. It sounds to me as though he has either not set this up or the government is extrememly slow at getting the ball rolling. Either way I would take control of this. Tell him that he needs to have the cs sent to you by check. If he says that they can’t do that then he could send it to you, either way, close that joint account to protect yourself. Just my opinion though.
quote:So what it may boil down to is the exact date that he re-enlisted and/or actually signed the re-enlistment papers. If those things happened BEFORE separation, there is a slight chance her attorney could argue for some of the funds. But probably only if her attorney could present a convincing case that she had a reasonable expection of the money being a martial asset DURING the marriage (ie she was aware of the re-enlistment and the bonus it would earn). If he reenlisted without her knowledge as he was preparing to separate, probably this would be ruled his money.
[i]Originally posted by JanetFritts[/i] [br]Well, if the funds were for a re-enlistment bonus, then you are more than likely not entitled to them. However, some re-enlistment bonuses are earned upon re-enlistment which occurs during the marriage and then are paid out over time, some of the payments may then occur after the date of separation buy may be still marital. However, if the re-enlistment papers were signed after the date of separation I think that is clearly separate money.
But clearly, if he separated from her, THEN decided to re-enlist, the money is his alone.
ncspouse, of course I knew about the reenlistment, we were still together, he just did not receive the money until after we separated, that was all I was questioning. I am off this topic now
Iam so sorry, I feel as if this were happening to me lookingforanswers. I just wanted to reiterate what you were saying, I keep answering as if this was my situation SO SORRY
Thank you I guess you are taking this personal or maybe you are going through this as well. Well all I was saying in an earlier post was that I knew about the reenlistment before we separated because we were still together. It wasn’t until after we separated that he received the first of the money. Anyway I am past this topic I got all I need and I will just talk to my lawyer about it further. Thanks for the advice to those who really helped.
Methinks she doth protest too much…
Dear looking for answers,
Money that is earned by a spouse after the date of separation is the separate property of that spouse. However if he earned the bonus before the separation but did not receive it until after the separation it would be marital property.
Removing his name from the hosue before or after the divorce will not have an effect on the interest either of you has in the property.
If you intend to file for divorce I would make sure you preserve your right to equitable distribution so that you can make sure that your assets are properly divided.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
With even a half-decent lawyer on the husband’s side, I would predict that alimony will not be granted in this case. His attorney merely needs to provide the proof (the emails) that the wife made repeated attempts to have an affair, which eventually led to the husband deciding to re-enlist and leave the marriage. No judge or jury is going to very sympathetic to the wife’s subsuquent attempt to grab his military paychecks after they’re already separated.
Once the husband and his new wife get settled in, the evidence of the ex-wife’s misconduct could also affect the issue of custody. Agreed that lookinforanswers aka daddysgirl should count herself lucky that her ex is gracious enough to let her have the house. Any further demands/greediness could very well backfire on her.
quote:
[i]Originally posted by ncspouse78[/i] [br]With even a half-decent lawyer on the husband's side, I would predict that alimony will not be granted in this case. His attorney merely needs to provide the proof (the emails) that the wife made repeated attempts to have an affair, which eventually led to the husband deciding to re-enlist and leave the marriage. No judge or jury is going to very sympathetic to the wife's subsuquent attempt to grab his military paychecks after they're already separated.Once the husband and his new wife get settled in, the evidence of the ex-wife’s misconduct could also affect the issue of custody. Agreed that lookinforanswers aka daddysgirl should count herself lucky that her ex is gracious enough to let her have the house. Any further demands/greediness could very well backfire on her.
I don’t know what your problem is, but I’ll bet it’s hard to pronounce
[br]
quote:[/quote]
Originally posted by ncspouse78
[br]With even a half-decent lawyer on the husband’s side, I would predict that alimony will not be granted in this case. His attorney merely needs to provide the proof (the emails) that the wife made repeated attempts to have an affair, which eventually led to the husband deciding to re-enlist and leave the marriage. No judge or jury is going to very sympathetic to the wife’s subsuquent attempt to grab his military paychecks after they’re already separated.Once the husband and his new wife get settled in, the evidence of the ex-wife’s misconduct could also affect the issue of custody. Agreed that lookinforanswers aka daddysgirl should count herself lucky that her ex is gracious enough to let her have the house. Any further demands/greediness could very well backfire on her.
quote:
[i]Originally posted by Southernbred[/i] [br]I'll bet it's hard to pronounce
You don’t know how to pronounce "discussion forum"?
First of all ncspouse78, I am not here to put you down or anything like that first of all let me let you know that I am not Daddysgirl, but she happens to be one of my closest friends and we discovered this site together. Yes, she does know this was my topic and she happened to respond. As far as the emails, that never happened here honey, I believe she was asking for one of her friends. I was just trying to find out answers to the division of marital assets. My husband re-enlisted because it was his time to re-enlist to finish out his twenty years in order to retire. I don’t feel that asking about this money in no way makes me greedy, It helps me to take care of the three children that we have. I get that you are a righteous supporter of the military, but don’t come down on me for trying to ensure my children get taken care of. I don’t owe you any explanation for why I am on here. Ido however wonder why you are an EX!!! Could it be your mouth, your temper, did someone run off with your money, or was it the fact that you just did not know when to be quiet, just like you don’t know how to let this topic rest. But you know what that is not for me to judge, just like it is not for you to judge me. I believe the attorney’s answered my question, just like they helped my friend, Daddysgirl. Please keep your bitterness and anger out of my discussion topic. If you are not going to offer advice without trying to belittle someone or their comments then you need to pick another forum to post to. Anyway you need to just let this one go. No need to try to offer your 2 cents in this one anymore. I got what I needed. LET IT GO!!! You will be much happier!!!