Money


#1

Dear jbarker:

Greetings. Yes, you are entitled to get the money back from the moment she got the boyfriend (or at least the moment that you left). Immediately file an action for equitable distribution and divorce (if you have been separated for more than one year and one day). I personally would not roll over on the money - especially because the money could be a new car for you, funds for your children, a down payment on a house. Go for it.

Also, why would your lawyer tell you to let it go…I clearly do not know all the facts, but you may want to go and sit down for another consultation for a second opinion (or a third if you count my opinion). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Im in the military too and in the last 4 yrs seen the same thing happen to alot of guys.The reason the lawyer said let it go is because its probably going to be hard to prove that she actually gave the money or spent it on this guy and not somewhere else. Now if this guy is military then you might be able to do something through there. You just have to show them your proof and they will investgate. What all did your power of attorney say.If she didnt have authorization to info that was given out then alot of people could get in trouble. I work in adminstration and were not even aloud to really talk to a spouse when they come in unless they have a power of attorney and even then theres still alot of info they still cant have. Talk to your base legal about it they also might be able to help. atleast if nothing else it might keep her from getting your BAH or (base housing allowance) that the military says shes entitled to til your divorce is finalized.

quote:
Originally posted by jbarker
My soon to be ex-wife spent every dime I made while serving in Iraq. She did not spend it on herself or our children, she spent it on her boyfriend and I have the proof that she did in an e-mail she sent me. I hate fighting but I feel I am entitled to get the money back that she gave him. As well I decided while in Iraq to open a new account, I change my LES (leave and earning statements) to stop going to the house. I changed my password on the military pay site, yet somehow she still got to it. When I came home in Sept of '04 the first place I went was to the bank to give them the revocation of power of attorney. She beat me there and took $1100 out of my account. There was no way for her to get the password except from her friend who works in the military pay office. Am I entitled to get the money back or hould I just eat it and go on with life. My current layer is telling me to let it go. What should I do?

#3

Dear michaelsnider:

Greetings. Actually, it is her job to show where she spent the money, not his job to prove it. If they were separated, then the money is his, not hers and she must pay it back, regardless of where/why she spent it. That is equitable distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#4

My soon to be ex-wife spent every dime I made while serving in Iraq. She did not spend it on herself or our children, she spent it on her boyfriend and I have the proof that she did in an e-mail she sent me. I hate fighting but I feel I am entitled to get the money back that she gave him. As well I decided while in Iraq to open a new account, I change my LES (leave and earning statements) to stop going to the house. I changed my password on the military pay site, yet somehow she still got to it. When I came home in Sept of '04 the first place I went was to the bank to give them the revocation of power of attorney. She beat me there and took $1100 out of my account. There was no way for her to get the password except from her friend who works in the military pay office. Am I entitled to get the money back or hould I just eat it and go on with life. My current layer is telling me to let it go. What should I do?