In IL can my husband file fraud charges against me for using payroll debit card to pay bills without his permission

Asked about 2 years ago - Bridgeview, IL

We married on 9/24/11 no prenuptial. He is the financial provider in the marriage. He encouraged me to resign from my job to be an at home wife and for me to go back to school, which I am currently attending college. The marriage began to break down due to his use of alcohol, cocaine & stealing of household money. We do not have any joint checking or savings acct. All financial activity is done by his payroll debit card from his employer. He left the home 7wks ago, but refuses to give me money to at least maintain household until we can patch things up. I have card information needed because I was the one who paid the bills & kept the budget that is until his behavior began to sour. I'm at the point losing all household utilities & eviction. Does his wages belong to us both?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . if you are paying household expenses with your husband's debit card, there probably is not much you can do in terms of accusing you of fraud. Whoever, your bigger problem is that you are sitting around and not seeking assistance. The faster you consult with and higher a good family law practitioner the better. you need to discuss the options of divorce, temporary maintenance, and possible liability in the event that your husband gets into an accident or otherwise cause damage while under the influence.

  2. Wes Cowell

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The problem for you is that he makes all the rules. Don't be surprised if his debit card has been (or soon will be) cancelled and reissued.

    You should consult with an attorney and get a case on file with the courts. Once you get your matters before a judge, your husband won't make the rules anymore . . . the judge will. THEN you'll be able to have the money you need to take care of things.

    As long as you maintain the status quo -- use the debit card for the things you've always used it for -- you'll be okay. It's pretty doubtful any State's Attorney would seek charges against a desperate wife using her husband's debit card consistent with the status quo. Certainly no family court judge will listen to him complain that you were merely maintaining the status quo.

    Call for a free consultaiton: 312-987-9999, or follow the link, below.

  3. J. Richard Kulerski

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The likelihood is that the state's attorneys office will not see it as theft if your are paying his bills with the money.

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