Spouse Emptied Your Bank Account? Know Your Rights

Many married couples use joint bank accounts to pay bills, living expenses, entertainment, and incidentals. Typically, each spouse may make deposits and withdrawals, and joint bank accounts usually work well when a marriage is stable. However, if separation or divorce is on the horizon, things can get messy. One spouse may attempt to withdraw some or all of the funds in an account to ensure they have cash or to spite their partner. Even if you believe you can handle a split with your spouse on your own, finding an affordable divorce attorney can protect your rights.

Are Bank Accounts Considered Marital Property?

Property division laws vary from state to state. In Pennsylvania, both individual and joint bank accounts may be considered marital property. Even if a spouse has his/her own individual account, funds may be considered marital unless if they came from an inheritance or belonged to the person before the marriage. 

What Happens if My Spouse Withdraws Money from Our Bank Accounts?

Unless you and your spouse come to a mutual divorce settlement agreement outside of the courts, a judge will review all marital property and determine how to divide your assets. Although Pennsylvania is an equitable distribution state, this does not necessarily mean everything will be split 50/50. If one spouse withdrew a significant amount of money and was not authorized to do so, they may be penalized by the court. A judge may order them to:

• Return the funds to the bank account

• Give the other spouse property of equal or greater value

• Pay legal fees, fines, and other sanctions

• Reduce the percentage they receive when determining how marital assets are distributed

Family law attorneys sometimes request that the court place an order prohibiting either spouse from removing joint funds. If you and your spouse share a mortgage, car payments, or other joint debts, the court may allow them to be paid from a joint account. If your spouse takes all or a significant amount of money from your bank accounts, top divorce lawyers in Chester County, PA can help protect your rights. However, if you fail to contact an attorney right away, your spouse could easily spend the money and make it very difficult to recoup.

What if One Spouse Needs Money to Move Out?

If you believe it is best to leave the family home, it is important to keep records of any money you take and how it is spent. Withdrawing more than 50% of the money in a joint bank account will be scrutinized by the court. Keep track of rent payments and other living expenses so you have proof to show the court where the funds went. Some other factors that will be taken into consideration are child support payments, alimony payments, and any other financial issues specific to your case. Your Divorce attorney can advise you of the most effective course of action to protect your interests.

Our experienced divorce lawyers fight to protect your rights and help you understand the divorce process. If you are going through a divorce and need to update your estate plan, our top Divorce lawyers and Support attorneys can assist you with those issues as well.

This blog was originally posted on https://pa4law.com/spouse-emptied-your-bank-account-know-your-rights/

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Failing To Pay For Child Support In The Quarantine? What You Should Know

As unemployment has increased rapidly due to the pandemic and quarantine, you may find yourself struggling to meet child support obligations. Often contested in a divorce, child support is an issue that is both emotional and financial. Parents should know that courts may enforce harsh penalties if you do not make your scheduled payments.

What are the possible consequences?

•    A warrant – civil or criminal – may be issued for your arrest.

•    You may be found in contempt of court.

•    You may be fined, put in jail, or both.

•    If you are still working, your wages may be garnished.

•    If unemployed, your unemployment compensation may be garnished.

•    Your tax refund may be denied.

•    If you own a property, a lien may be placed on it to cover any payment that you owe.

•    Revocation or suspension of your driver’s license, passport, professional license or hunting/fishing/boating license.

Act proactively

Because these penalties are very serious, if you are having difficulty making payments, be sure to take proactive steps rather than just miss a scheduled payment. These may include:

1.    Seek a divorce attorney consultation to discuss your next best steps.

2.    Requesting the local enforcement agency to set up a temporary payment plan to keep you from falling entirely behind.

3.    Go to the court to have support orders revised. Be prepared to show your change in circumstances, such as unemployment or reduced employment. Other reasons the court may consider a change in support orders include a change in custodial arrangements or medical emergency.

There are differences in state laws and enforcement of penalties, but please know that all states are prepared to enforce court-ordered child support, even if one parent has moved to another state. In such a case, federal charges may be brought. In a federal case, the non-paying parent will be required to pay the support owed and may be imprisoned for up to two years. If the non-paying parent is in military service, he or she may be discharged from service.

Support vs. Custody

Good child custody lawyers will tell you that while the courts take child support very seriously, the courts view support as an issue separate from custody. One parent may not restrict court-ordered visitation of a parent who has not paid child support as scheduled. If the court has granted visitation rights, the parent has those rights until the court would restrict or change them. Courts look unfavorably upon a custodial parent who prevents the other parent from having court-ordered visits with the child or children, particularly if it is related to non-payment of support.

A point of law is that the child is the one entitled to receive support from the parent. Parents should not use payment of support or other support-related issues as a weapon against the other parent. The court will look unfavorably on any such behavior.

In a pandemic as we are experiencing, top estate planning law firms will tell parents concerned about their child’s future security to thoroughly review provisions for children. If you do not have a Will,  it is time to contact a lawyer to draw up a Will.

No matter how worrisome your employment situation may be, it is important to act responsibly and seek the advice of a highly experienced child support attorney who can counsel you on your best course of action.

This blog was originally posted on https://www.pa4law.com/failing-to-pay-for-child-support-in-the-quarantine-what-you-should-know/

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