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 RobertJDFL Your Own Question

RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10862
Experience:  Experienced in multiple areas of the law.
Type Your Legal Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

order against spending

Resolved Question:

My husband is bipolar and we are currently separated. He is the only one earning a paycheck as I am a full time student trying to finish out the semester. He is currently in a manic spending spree. He just got paid today and has already spent 2/3 of it in one day. Is there some sort of emergency order I could file immediately to get him to stop spending community property?
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.
Can you explain the circumstances a little further?
Customer: replied 5 years ago.
He has this idea that he wants to go on a round-the-world tour on his bicycle (while keeping a full-time job). He's been seeing a therapist and on medications since last November. We had been living together since then until five weeks ago when he broke our verbal agreement not to spend more than $100 without consulting each other. He spent $300 on camping gear and told me after the fact. I was really upset and asked him to go stay someplace else. He was VERY angry with me. He did leave and promptly went to the bank and took out half of what was in our joint checking account. He also had his paycheck rerouted to his personal account, essentially cutting me off. Last time we spoke he told me he had already spent $5,000 (in five weeks). Today I find out he has already spent 2/3 of his paycheck ($2,000) today alone. It is Friday night and I need to stop him but don't know if I have any recourse. I'm afraid it'll all be gone by Monday. He's also applied for a Platinum Card. Bipolar people go on spending sprees as a way of dealing with their depression/pain. I have been trying to focus on school and I honestly never thought he would go this far with the spending. I do have a little money so it's not completely dire, but half of this paycheck is mine and I see it disappearing fast. I am scared and don't know what to do.
Expert:  RobertJDFL replied 5 years ago.
Thank you for your reply. My apologies, but for some reason, the only portion that came up in your original question was "order against spending", so I couldn't figure out what you needed -it's clear now.

You can file an emergency injunction to prevent the removal of funds, yes. Typically, what happens in this instance is that the court will order that monies in the joint checking account can only be used for "necessaries" (mortgage/rent, utilities, phone, food, etc). Not sure if you have an attorney -if so, they would obviously know what to file. Otherwise, check with the Clerk of the Court and see if they have a form for this. It would be called something like an "Emergency injunction to prevent dissipation or removal of marital funds." In the injunction petition, you would explain that your husband has been spending the money recklessly and on unnecessary items, and that you are concerned this could lead to a depletion of marital assets and the ability to meet your basic needs (or something to that effect).

These types of emergency hearings are usually done "ex-parte" meaning after you file the motion with the court, only you are given the court date, the other party isn't notified. If the judge agrees with you, he or she enters the emergency order and then a copy must be mailed/delivered to your husband.

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10862
Experience: Experienced in multiple areas of the law.
RobertJDFL and other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina


    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions