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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9907
Experience:  Experienced Family Law Attorney
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I have filed and turned off my cell phones and changed plans. my soon to be ex

Customer Question

I have filed for divorce and turned off my cell phones and changed plans. my soon to be ex had them turned back on in my name without my permission. he once held POA but that has been revoked and assigned to my sons.
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A few more minutes please as I am researching the available options.
Expert:  LegalGems replied 2 years ago.
If the purchases are made without one's consent, that is fraud, and a police report can be filed for documentation purposes. If there is a pending divorce, most law enforcement will not get involved and will direct the victim to seek retribution in the family law court forum.
The judge has discretion to take into account unauthorized transactions, so when dividing property, they can offset the amount wrongfully converted so that the innocent spouse does not bear the financial cost of such expenditures.
The innocent spouse can also request attorney fees and costs incurred in requesting/enforcing such an order.
As a preventative, all third parties can be notified which users are and are not authorized; if the account is flagged and a new password ***** ***** up that can prevent unauthorized access.
Also, one can contact the credit bureaus as if one's credit report file is flagged as potential identity theft, creditors will take more care in extending credit.
An identity theft report can be filed with the local authorities and the FTC: https://www.consumer.ftc.gov/articles/pdf-0014-identity-theft.pdf
Form is located here: https://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf
The affidavit can also be attached to the motion requesting the offset for any unauthorized charges.
Courts have long recognized that spouses have a fiduciary duty to one another, up until the divorce is final. As such, the court does have discretion to award any monetary damages suffered as a result of the breach of fiduciary duty to the innocent spouse.
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Expert:  LegalGems replied 2 years ago.

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