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My soon to be ex wife stole 2/3 of my ssdi lump sum payment from a frozen joint account before I knew about it.

Nashville, TN |

I was in wisconsin at the time and she had left me for tennessee. She also filed for and received my 2 kids back pay as well. I was awarded $27,000 for 2 years of back pay. The attorney took $6000 and my ex took $13,600 and then wired out another $2500. Then she received $6800 per child (2) She can work and I cannot. The bank refused to reimburse me for their mistake and my ex hasnt paid me anything back. I was left with $8000 and now I am out or work and broke. This happened in july 2011. Since then she has received in total with monthly benefits in excess of $30,000. I was responsible for all the lump sum for taxes. I want restitution from the bank, my ex, or both. our divorce is final may 16th 2012.

Attorney Answers 3


  1. This should have been raised in the divorce when you had the opportunity to do so. Waiting this long may have been a mistake, but you still have 12 days to get something in front of the divorce court judge on this.


  2. I agree with Mr. Walton. Bring it up now before the divorce becomes final. This is your opportunity to deal with the situation before it becomes too late. If you deposited the money into a joint account, any joint account holder can withdraw the money as far as the bank is concerned.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  3. Talk to a competent attorney (you really need one for the divorce), the bank likely isn't liable, but really the facts aren't complete.

    Legal Disclaimer. This communication is not intended to create, and does not create, an attorney-client relationship between you and James Ronald Tucker, Jr. Thus, your receipt or transmission of information to or from the James Ronald Tucker, Jr. alone does not create an attorney-client relationship or ensure confidentiality. James Ronald Tucker, Jr. assumes no liability for the use or interpretation of information contained herein. The legal information herein provided is for general informational purposes only. It is not intended as professional counsel and should not be used as such. You should contact a competent attorney in your area to obtain advice with respect to any particular issue or problem.

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