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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Prior to filing my husband withdrew on different occasions

Customer Question

Prior to filing for divorce my husband withdrew on different occasions cash money from his bank account (considered marital money). He claims that he spent them .... Can i have the judge have him specify where and when the money were spent? Could his attorney reject my request?
Would I be able to have them review his credit cards statement and ask for explanation?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

Yes you can request an explanation for the use of funds withdrawn. You could utilize the discovery process by submitting interrogatories, which are written questions, and request for production of documents in order to document clearly the date and amount of withdrawals. Through the request for production document you can request the actual bank statements and credit card statements. Through the interrogatories you can request detailed explanation of use of all funds withdrawn. You can and should request copies of receipts for all alleged cash payment as well as the name of the recipient of the payment.

If he is unable to provide a receipt showing cash funds were utilized to pay for marital expense then the unaccounted for amount should be deducted from husbands portion of ultimate marital asset distribution.

I hope that this information and suggestions are helpful and I wish you the best of luck getting to the bottom of this inquiry.

Customer: replied 1 year ago.
Can we request for credit card records to be reviewed even if he closed the credit card account prior to filing?
Expert:  mmdesq replied 1 year ago.

Yes you can still make the request.

Expert:  mmdesq replied 1 year ago.

Could you kindly rate me so may get credit for my responses. Thank You.