How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100604
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

MY HUSBAND LEFT ME LAST WEEK HE TOOK OUT ALL OF OUR MONEY FROM

Customer Question

MY HUSBAND LEFT ME LAST WEEK HE TOOK OUT ALL OF OUR MONEY FROM THE BANK NEED TO KNOW WHAT I CAN DO AND WHAT CAN I DO LEGALLY FOR FILE TAX RETURNS WE HAVE AN 8 YEAR OLD BOY WHICH I AM TAKING CARE OF FULL TIME ALSO I WORK FOR PWC JUST STARTED I WAS THE MONEY MAKER IN THIS RELATIONSHIP
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,



Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. May I first ask what state you are in, and what are you hoping to achieve - to file divorce? Or have access to the accounts? Something else?



Customer: replied 5 years ago.

I LIVE IN NYC I REALLY DIDN'T THINK ABOUT DIVORCE YET I HAVE ALREADY OPEN AN CHECKING ACCOUNT IN MY NAME ONLY SO HE CAN'T TAKE ANY MORE MONEY FROM MY PAYCHECKS HE ALSO WANTS TO TAKE THE TV'S AND SPEAKERS TOLD HIMTO TAKE ME TO COURT HAVE NO MONEY RIGHT NOW CAUSE HE CLEANED OUT ALL ACCOUNTS

Expert:  Ely replied 5 years ago.
So you wish to get access to accounts, correct? Also, is custody an issue, or not?
Customer: replied 5 years ago.

NO HAVE ACCESS TO ALL JOINTLY ACCOUNTS WANT TO KNOW IF I CAN FILE MY TAXES AND CLAIM MY CHILD WHICH IS NOW AND ALWAYS HAVE BEEN IN MY CUSTODY

'

Expert:  Ely replied 5 years ago.
Thank you. First of all, without court orders, the IRS goes for dependent status based on who has had the child most of the year, so that would be you. Once court orders are established, it's usually odd/even years (i.e. one year for you, one for him).



To get access, you have to file a divorce or legal separation, and get an ex-parte order allowing you access to all community property funds and accounts. If there simply is NO money, try using a free or reduced attorney first. I am including a list of pro bono programs in NY:

http://www.abanet.org/legalservices/probono/directory/newyork.html



Also, try a law school's 'family law clinic' (free):

http://www.hg.org/law-schools-new-york.asp



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”





















Edited by Eli on 2/1/2011 at 4:33 PM EST

Related Family Law Questions