Can I press charges for government money stolen by husband in a joint account?: 6 months after my ex husband and I separated, and I had opened a single bank account, I realized I had government money going into our joint account that my ex husband was still using. He took about $1500 before I realized it. The money was from the VA with my social security number on it and he immediately transferred it over to his personal account. I went to the cops to file a report but they weren't sure anything could be done since it was a joint account. Can I get an opinion as to if and how I can actually press charges on him and have him arrested if possible?
Carolyn’s answer:
It is unlikely that you can press charges. You do have a claim for the return of separate property, as it seems you acquired this property post date of separation. The court can even award you your attorney fees if he fails to return your separate property. I would write him a demand letter and demand the return of the money. If he doesn't, sue him for an equitable distribution and a return of separate property.
Also, close the joint account, or at least stop using it. Good luck!
Who checks to make sure you follow court orders? If there's no check or balance, how do I ensure they they follow them?: my ex husband was court ordered to go to therapy after lying about going for 6 months prior. The issue is that the judge didnt include in the order a time frame or any check or balance to ensure he goes. If no one will follow up, he could easily not go. Can I get some suggestions on how to make sure he goes without getting the attorneys involved? I no longer have one and being a single mother cannot afford one.
Carolyn’s answer:
The remedy for violation of a court order is contempt, which means he could even go to jail for not going to the therapy. Unfortunately, it sounds like the order needs to be modified to provide a mechanism for insuring compliance. Or, as a condition of purging himself from contempt, he could be required to show you proof of payment of the therapist on a monthly basis.
You can try to do this by yourself, but it may be difficult.
My wife moved out of the house. Now she refuses to pay any of the household expenses. Is there a way to make her pay her share?: I understand from reading statutes that we should be responsible for a proportionate portion on the household expenses (utilities, mortgage, upkeep) according to our respective incomes. In other words, if I make 66% of the total "family income" then I'd be responsible for 66% if the expenses. And of course, she'd be responsible for 34%. Is this true in North Carolina and is it enforceable?
Carolyn’s answer:
The only law that has proportions like you discuss are the Child Support Guidelines, which are proportionate on gross income, along with other factors. There is no law that divides each expense the way you describe. The child support guidelines have worksheets that figure out how much child support one parent owes another parent, but the bottom line of a worksheet is a net cash transfer between the parents.
With regard to alimony and post separation support, the court could view an allocation of a dependent spouses expenses the way you suggest, but certainly the court also can do a net cash transfer between the spouses.
Finally, some of the bills may be divisible debt in the property division, but not in the manner you describe.
Good luck! Sounds like you need an initial consultation with an attorney.