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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110573
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can I sue my husband our accounts acquired here

Customer Question

Can I sue my husband for closing our accounts acquired here in idaho during. our 12 yrar martiage and closed them out sfter the filing golinh scvounys and br ausr je lied and got our fivirvr hrsrjngngesrd inntgr state if wuoinh whete hus majn ofgicd is licated nut hebtraveld gjt hus jibs fuvirce trial.inneyomonh
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No but he also dudntnlistvtgr any if these accounts on our property assets firm to the judge aswell as his ,25,000.00 King ranch pick up he sold during the proceeding
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?
Customer: I am disabled without a voice and he went to further his career while I settled things here with the kids and our home and property he got himself Wyoming licenselicense back in 2012 only so he dudnt have to clsim all of his wages to the state if Idaho and psy taxes accordingly in all this time collecting oerdeim to pay his living expenses using our Idaho address as his primary resident in 2012 he was sent to s job in Nevada onky three hours from out resident he took a job there and wuut the one based out of Wyoming to be closer to us as out youngest wasn't quite 18 yet the Wyoming based business offered him s substantial amount if money on salary if he eoukd return to work fjr them so in may 2013 he returned to Wy and got sent on s project in Texas until Oct 2013 sbd began another ,6 month project in Wyoming ending March 2014 all the while we had made arrangements to see each other as often as we could and by the time he finished that project I was to join him march 2014 to joi. Him.on his next project in Texas he was making 27
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: 17,000.00 a month by then on salary and I picked out the RV we would be living in . April 12 2014 I had found out he had been cheating on me and I asked him to leave the fLlibg weekend I went to Wyoming yl
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Customer: To try to reconcil our marriage only to have him call the police and say I was sbusjng myself and he tried to have mE committed to s mental institute when that difnt eirk I returned to our home in Idaho and started the proceedings fir a fivirce we were married in Idaho had resyded in Idaho the entire duration if our 12 year marriage and all of a sudden I am served with divorce papers from Wyoming and our bank accounts here in Idaho with a substantial amount if money in them closed out and gone on his petition everything knniy was lies that gevabdnibwrtre deiarstef since 2008 and that he had been residing in E
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
In Wyoming since 2008 and we had been separated since then I had a divirce case going here in Idaho withwhich he defaulted but because he left me with only a minimum amount of income I asked for support during proceedingd I filed a motion fot support so I coukd get representation 6 times throughout this entire divorce in both Idaho and Wyoming only to never get a reply I was granted s default hearing only to have him hire two top knotch attorneys and had it squashed and jurisdiction handed over to Wyoming so I replied to the petition in wyoming with proof if all the lies that were in it and once again I put in a motion to dismiss in Wyoming knowing I had no means to get to Wyoming couldn't get legal help as I wasn't a resident and even provided proof if our past five years tax filings still UT was to proceed in Wyoming .well come to find out he had been cheating on me with a woman whose son just so happened to work in that countys courthouse and that's who he in turn sold his pick up to so he didnt have to list it on assets I submitted proof of all his lies meanwhile pawning everything I could to get by and I noticed he had refinanced our home in 2013 and because it was an owner occupied loan and he traveled for a living they illegally added me to the loan to get it approved but when I looked up the deed I noticed he was listed as dole proprietor I began asking questions abdbebded uo fikingba jaw duit against wells Fargo and him because where the page was that I signed to put my name on deed stamped below it on their copy only was a statement stating I was only here to homestead and that I gave up all interest and rights to Said property so I fiked a suit in that issue and proceeding with asking fir a discovery of where all our money went and i submitted a QdRo form throughout all this he didnt tell me that he wasn't paying my utilities and my.landline phone which had my.emergency monitor hooked to it got disconnected making it impossible to be heard by phone with my amplifier I submitted another motion for support still nothing.they set up the hearing date as Dec 30 in Wyoming with temperatures St 20 below zero I put in for s reschedule as i have a hole in my throat thst goes directly to my.lungs and I have no way of warming up the air to my.lungs do my doctor submitted his statement with s picture of blood clots that develop on my.lungs from cold temperatures and yet my request for it to be rescheduled was denied on my way to Wyoming which I had to borrow the money to get there the clerk's office called my daughter to reschedule trial but I was already almost there and they stated they had nit received paperwork from doctor which was a lie because it was sent early on innthe month of December and signed for so I ended up going to.hearingninesnt given any reimbursement from him fir my trip his lawyer dydnt expect me to show do he never submitted the paperwork to me fir our assets debitd property I am.officially 56 years old and listef as permanently disabled and didn't know it was not allowed snynaccesd to his numerous crefut cards I explained that I was inbabhardshio and had to pawn any and everything of value to survive I called him to thrbdtabdnu questioned him about his substantial amount of income he receives with which he lied and stated on paperwork he only made 7,000.00 which it came out 17,000.00 a month compared to my 583.00 a month so the judge gitbrather angry that tgeydudntnhavebtgeur oaierwork complete and gave them 39 days to complete utbabdbsge eoukdvguvebhet response I asked her about why hebdudntbdydclose the five bank accounts we had acquired here in Idaho during the course of our marriage and he had rolled over my retirement that i had from Walmart into his account but yet I submitted a QDRO firm to the courts for half of his retirement and it was never signed or acknowkedged st all the judge nade her decision and I was awarded the house knce he osys off the loan and I was awarded my car and 750.00 s month alimony fir only18 months after she stated itbeadntnoribsbke that I woyjd be able to gain employment the fact if his 24_000.00 puck uo wasn't listed nir where the bank accounts hevwas aarded the time share his retirement which at the time gebwas 100% vested with a balance if 37_000.00 in it and I was luabke fjr my debts and he ws liable fir his I wasn't awarded to be put on his medical. And so I have put in twice now for a modification. To be awarded alimony for the duration of and half his retirement only to be denied do now with having to pay all the utilities here and my own car insurance and medical and an upcoming surgical procedure coming up my Alimony Is due to end soon and I dint know how I will be able to survive I just filled out another ietition fir annextension if alimony with an order to show cause and I was goinh to file s civil suit here in Idaho fir my half of the money thst was in those accounts which would have come to around 32,000.00 giving me about
Customer: replied 5 months ago.
17,000.00 which he makes in a month he has no children onky helped me raise mine but here I am now unable to work 56 years old no retirement and the entire time he was out traveling building.power pkants he keit reassuring me that he was doing this for us so that we would have s struggle free future but yet he wasn't made to divide his retirement as it is listed in his plan that it was to be as community property but I want awarded anything let alone reimbursed for the expense of having to gi there in the first place with me at all but I think he took titsk advantage if the fact I had no voice so really couldn't hire an attorney so u
Is there snything i can do to get e
What I have Coming to Me?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
That money had to be awarded as part of the marital property distribution. The money he took out should have been divided up with you and you should have been awarded your share of that money he removed from the accounts. You can hire an attorney and you should get a local one, because you would be seeking the equitable portion of the marital money he took and hid from you. If this wasn't awarded as part of your divorce, you would have to appeal the divorce decision to get the review of the marital distribution.
You need to take that divorce distribution order to a local attorney so they can see what was done about this money in the divorce and then seek to file to either reopen the property distribution or to file an appeal, but you will need to get to a local attorney and you need to have the facts written out for that attorney so they know exactly what you are fighting over as you described above.
Customer: replied 5 months ago.
So is there a time.limit on the appeal and I the process of filing a petition for a modification of decree I regards ***** ***** extension of.the alimony and as far as the bank accounts hie canni get that information if the accounts were only in his name u know firva fact he had 22,000.00 in one local branch here in Idaho a D z business account which he cadhed out if with the amount if 1,900.00 and twk welks fargi accounts one with a balance if 4,999.00 so how would I go about getting the balance at the time he transfered them or closed them ? And he opened o e in Wyoming.during this aksi and purchased a 50,000.00 dollar fufth wheel with which he resides in and he purchased it in Wyoming.and registered it in Idaho he also cadhed anninsyrance che k that es git my son's car that was stolen and totaled and he cadhef the chd k that was fjf him to reimburse him on his vehivkt.I have cancelled check with his signature in the amount if ,2,300.00
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Yes, there is a time limit to appeal, it was 30 days from entry of the judgment you disagree about. However, if you just discovered that he hid all this money then you can petition to modify at any time upon discovery of him defrauding you and hiding the money.
Customer: replied 5 months ago.
In reference to his retirement he even out on the asset summary that he was willing to split it 50% and his company which is Kiewit financial backing them States that upon a divorce that his retirement becomes community property and us divided accordingly but because he convinced the court that we hadn't lived as husband and wife since 2008 they awarded it all to him and this whole ordeal has been so totally bought and paid for that I feel because of my inability to speak and lack of funds to really get good representation and having the triL so far away from me as financially not having the ability to go over there and get representation I feel I was taken advantaged of considering the e xtreme amount of money henmajes a month I really didn't have a chance
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.Most ex spouses who did not get what they should have received or even sometimes what they believe they should have received feel like they were taken advantage of. However, the recourse was for you to file an appeal within the proper time or now to file to modify because you found some fraud was committed.