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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33372
Experience:  Began practicing Family Law in 1992
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I am recently divorced. My ex's step father died and left

Customer Question

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
Customer: 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.
Expert:  JD 1992 replied 1 year ago.
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.
Customer: 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: replied 1 year ago.
what do I need to file to request the change? He claims the withdraw was in error from that account.
Expert:  JD 1992 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.
Customer: 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
Expert:  JD 1992 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.