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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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My exhusband and I have been divorced for 2 years. He recently

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My exhusband and I have been divorced for 2 years. He recently wrote me a bad check. The check still has my name and my current address. According to the bank, my name is XXXXX XXXXX the account. He hasn't paid child support in over a year. Would it be illegal for me to make a large withdrawal out of his account? Since my name is XXXXX XXXXX it?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. If he was awarded this account in the divorce, yes, it would be illegal for you to do that. The reason is that because there was a judicial award of the property to him, that would now be his property completely, notwithstanding the fact that your name is XXXXX XXXXX it.

ScottyMacEsq :

If he wrote you a bad check, take it to the police, because it might have been with knowledge that it was bad. Also, if there is an outstanding balance and he owes you for something that he was ordered to pay you, that would be "contempt" and you could take him to court for that. Contact the court and inquire about the process to file contempt against him.

ScottyMacEsq :

But you do NOT want to compound your troubles by stealing from his bank account, even if your name is XXXXX XXXXX it.

ScottyMacEsq :

Since he was awarded this, that would be theft.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: Yeah - I don't want to get into trouble. I just assumed since my name was still on the account and has been stupid enough not to remove my name - then I should be able to get the money to cover my daughters expenses that he isn't paying for.
ScottyMacEsq :

You should still be able to do that, but you need to go through the correct process. You want to be "blameless" in this situation and make him be clearly the wrong party.

ScottyMacEsq :

And that means contempt. Again you can also report this bad check to the police, because if he knew that there would not be funds to cover it, that's a crime.

Customer: I have been going through the OAG - but that process takes forever. Thank you for your help.
ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

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