Can She Do That?

[Jamj2]

My wife and I live in the state of California. We filed divorce papers with the court on 1/15/01. When I realized we were heading towards divorce, I opened up my own checking account. Basically, the checking account I opened up shares the same account number as our joint savings account, but her name is not on the checking. I recently discovered that she transferred $2,000.00 from my checking to the joint savings account, and withdrew it. I am almost certain that she was able to go on-line (using the code to our joint savings)and transfer the money to savings. Is there anything I can do? Wouldn't it cost me more than $2,000.00 to take her to court?

 

[I AM ALWAYS LIABLE]

My response:

Did you transfer the marital funds PRIOR to filing the Petition ?

If she was served with the Petition prior to her transferring the funds, then she is in violation of the Automatic Restraining Order and Stay which is written on the Petition. She is, therefore, in Contempt of Court - - subjecting herself to fines and jail time.

Get all of your proof together, and file an Order to Show Cause Re: Contempt of Court. You may need to Subpoena the bank records of this transaction for delivery to the court on your hearing date. If she is found guilty of Contempt of the Automatic Restraining Order and Stay, then she'll also be liable to reimburse you for the money transfer, your costs of court, and attorney's fees.

IAAL

 

[Jamj2]

It was not me that transferred the funds, but she did transfer the funds after the petition had been filed. Yet, I see nothing on the petition which speaks of any type of restraining order, or stay. Could it be possible that that was not included? Does it have to be requested? Where is it written on the petition?

 

[I AM ALWAYS LIABLE]

My response:

One of the forms is entitled, "SUMMONS - Family Law"

On the front side, toward the middle, a paragraphs starts by saying, "Notice: The Restraining Order on the back side . . ."

Now, flip it over. On the back, in the middle of the form, is the joint, automatic, restraining order.

Read it carefully (and don't ask about "hypothicating", or I'll have to shoot you)

Good luck to you.

IAAL