Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am recently divorced. My ex's step father died and left

Customer Question
I am recently divorced....
I am recently divorced. My ex's step father died and left our 12 year old son some life insurance money. Ron (my ex) filed paper work to be the guardian of the funds. That is the first part. Our divorce was final in December and in February he loaned me $1,000 which i did promise to pay back. I find out now that he took that money out of the insurance proceeds of our son. I spent the money on the benefit of our son ($800 mattress for him and baseball lessons). Since the money came out of that account and it should not have but it was spent on our son, is there a way for me to not pay it back. Can I stop him from taking money out of our son's account as I expect him to use it for rent since he does not work full time. That's part of the issue. I told him I would give him back $600 of it but the other $400 is for what he owes me for his living expenses after the separation as stipulated in the divorce agreement. He was to pay his living expenses after 9/1 but I paid the car insurance until January because he would not take his name off the insurance till then (they would not allow me to do it).
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 1 year ago
I want to know my options with paying back or not. If I can show the money spent on son, should i have too. Can I get him removed as guardian since he took the funds out of that account.
Answered in 5 minutes by:
5/13/2016
Family Lawyer: JD 1992, Lawyer replied 1 year ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,054
Experience: Began practicing Family Law in 1992
Verified
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. No, you aren't allowed to take the money out for use of your son without the permission of the court. You would still be obligated to pay it back and it should go back into your son's account.However, your ex isn't allowed to take money out of the account without the court's permission either. If you file with the court to remove him as guardian of the money then the court should grant the request and remove him.
Ask Your Own Family Law Question
Customer reply replied 1 year ago
Will they grant it or do I have to fight it if he refuses?Also, then on the payment to my ex. Should I be allowed to net what he owes me to what I borrowed? If he takes me to court would they net the two?
Customer reply replied 1 year ago
what do I need to file to request the change? He claims the withdraw was in error from that account.
Family Lawyer: JD 1992, Lawyer replied 1 year ago
You would be required to pay the total amount back to your son's account if he loaned it to you out of your son's account. If he loaned it to you himself, from his funds, if he sues you then you can countersue and ask for an offset.The court will almost certainly grant the request to remove him as the guardian of the account. The chances are good that he has done this before and an examination of the account would show that.You would need to file an Application to Remove Guardian. However, it is complicated and you likely will need an attorney to assist you. The court will probably order that the attorney's fees be paid by him though because it is an obvious violation for him to use your son's money.
Ask Your Own Family Law Question
Customer reply replied 1 year ago
I was unaware he took it out of his account. As far as I knew it was from him personally. He has told me it came out of there when I noticed the withdraw. The bank statement happened to come to the house and I opened it and saw the transaction
Family Lawyer: JD 1992, Lawyer replied 1 year ago
The judge will make sure it goes back to your son. By doing it this way you prevent an additional lawsuit later.
Ask Your Own Family Law Question
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,054
34,054 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Advise for couple late 70's wishing to divorce or separate,
Advise for couple late 70's wishing to divorce or separate, best solution for handling finances … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I am divorced. And in our separation agreement, which
I am divorced. And in our separation agreement, which carried over to our divorce, my Xagreed to continue paying for a life insurance policy on me. We had had the policy for about 35 years. She paid i… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I want to file for divorce. I have been separated from my
I want to file for divorce. I have been separated from my spouse since 1992. I live in California. My spouse lives in Pennsylvania. I am about to move to Georgia. In what state should I file for divor… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Starting a divorce. We are separated. We began and operated
Starting a divorce. We are separated. We began and operated a business together in 2004 and continued to operate it together up till 2014 when we moved the business out of our garage into a warehouse,… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
Divorce/Separation/ Partition Agreement Questions: My CA
Divorce/Separation/ Partition Agreement Questions:My CA husband and I have physically separated after 14 years of marriage. Our arguments have been over financial issues. Instead of divorce or legal s… read more
socrateaser
socrateaser
1,031 satisfied customers
If my stepmom wanted a divorce and maintained a separate
if my stepmom wanted a divorce and maintained a separate residence, and my father dies, can her next of kin status be compromised? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
JD 1992
JD 1992
Lawyer
34,054 satisfied customers
Why would you file for separation instead of divorce?he
Why would you file for separation instead of divorce?he would still remain responsible for half of everything and the house I live in needs a roof… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Divorce in California. My husband asked for a separation and
Divorce in California. My husband asked for a separation and moved out of our home into an apartment a month ago. I am his second wife and we've been married 14 years, dated 4 years before being marri… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about marital separation and divorce. I am
I have a question about marital separation and divorce. I am in Tennessee. Can a lawyer from another state still answer my questions? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex and I just divorced. At the time when our separation
My ex and I just divorced. At the time when our separation agreement was signed and now incorporated into our divorce decree, my weapon was in her possession, and remains in her possession. I've asked… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
Does the child support differ from separation and divorce. I
Hello, does the child support differ from separation and divorce. I live in North Carolina where a one year separation is required before a divorce. Also we are a military family. … read more
Michael Gonzalez
Michael Gonzalez
JD
519 satisfied customers
I'm wondering if, in the case of divorce or legal separation
I'm wondering if, in the case of divorce or legal separation - at what age does a child have the right to refuse visitation with the parent? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
My husband and I are getting a legal separation. Divorce
My husband and I are getting a legal separation. Divorce before 2019 would cause a loss of income for me and we have agreed to stay married until 2019. He will buy me out of our house and I will quit-… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
A divorce with no separation of asset and recently filed,
Hello again :)A divorce with no separation of asset and recently filed, how long approximately could it take? And do I need to present myself in court or could a lawyer represent me?… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x