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Can my ex-husband open a checking account in my name without my permission and signatures?

My ex and I have been divorced for 9 years. We have two children. Part of the support agreement included a joint checking account to be used only for kids activities and hobbies. Over a year ago he closed it and began depositing the money directly into my personal account along with the regular support. Suddenly, after losing a custody battle for the second time he decided he wanted it open again. I told him I did not want to re-open the account and he did it anyway, without my knowledge or signatures. I have always used the money for the kids, but he is acting like he needs to "monitor" me. With a new "agreement" between the two of us which we have implemented for over a year, can he do this?

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Attorney answers (3)

Reputation Level 14
There are more facts needed to ascertain what you should do. Generally speaking, he cannot open an account in your name that binds you but you must first ascertain what the settlement agreement or divorce decree specifies. YOu used "agreement" in quotes which suggests you are referring to how you have been handling the matter but that this method has not been reduced to writing and approved by the court. If the original agreement specifies that it can only be modified in writing (and they typically do), then he may still be operating under the original agreement. You probably need to take your original settlement agreement to counsel of your choosing and get them to review the specific language to determine what you need to do.

Nothing in this response on www.avvo.com may be deemed to create an attorney client relationship. If you have specific legal questions pertaining to your individual facts, you should discuss them in private with an attorney of your choosing so that you maintain the attorney client privilege. This attorney is licensed in Georgia only.

Reputation Level 16
Neither of you can agree to ignore the judge's order as to how payments are made, and since none of us here have read that, none of us can answer you. I'd suggest calling the attorney who represented you to determine what was required and what is appropriate.

Reputation Level 14
I think your question is whether he should have legally been able to open a joint account with you. The answer depends on what the current Order in force says about that, and what any "agreement" you have with your ex contains about joint accounts.

I believe you should have an attorney review the current state of the documents, so that he/she can best advise you on your current situation, and what best to do about it.

*** This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice ***

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