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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38217
Experience:  Attorney with 17 years experience
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Can a husband prosecute his wife for opening up credit cards

Customer Question

can a husband prosecute his wife for opening up credit cards in his name, since he is paying off the cards.
JA: What state is this in? And when did the issue begin?
Customer: ohio
JA: Has anything been filed or reported?
Customer: ohio
JA: Anything else you want the lawyer to know before I connect you?
Customer: going thru divorce and coming to agreement on child support for one child. if she does not sign papers he will prosecute her
Submitted: 1 month ago.
Category: Family Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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How long ago did the husband become aware that the accounts were opened?

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And were the accounts opened up without the husband's permission?

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Did the wife forge his signature on any account applications?

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thanks

Barrister

Customer: replied 1 month ago.
may be 14 months, yes they were open without his knowledge with her on as a user. did the application on line.
Customer: replied 1 month ago.
since she has asked for a divorce he feels now he needs to prosecute.
Customer: replied 1 month ago.
he said he went to the sheriff office, if she did not sign he would not proceed
Customer: replied 1 month ago.
are you still there.
Expert:  Barrister replied 1 month ago.

Ok, legally if she opened an account without his permission, that is fraud and identity theft, which can be charged as a felony. If she signed his name, even online, that can also be considered forgery, which is also a felony.

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So he can make an issue of it and file a formal criminal complaint against the wife. Whether the local DA would actually file a criminal charge, or whether he would tell them to figure it out in the divorce in civil court, I can't say..

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thanks

Barrister

Customer: replied 1 month ago.
they went to file today. If she would not sign then he was proceeding. Can she still ask for the state to govern the child support
Expert:  Barrister replied 1 month ago.

Can she still ask for the state to govern the child support

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Yes, that is a completely separate issue with the divorce/child support/spousal support case.... they are completely separate issues.

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The divorce is civil, and the opening of the accounts is potentially criminal if the DA actually decided to file a charge if the husband filed a formal criminal complaint..

Expert:  Barrister replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

Customer: replied 1 month ago.
He did have the sheriff at the office she thought they were filing papers. So she was pushed in a corner. The prosecutor for the city was there and a crinminal lawyer. If she did not sign they arrested her and took her to jail. So she felt she had no choice. She is yo pay back the amount done in which he had opened and she used for there purpose. If she is late they pick her up. He will file the files papers. Can that happen once they have agreed on restitution
Expert:  Barrister replied 1 month ago.

Yes, the prosecutor has up to 6 years to file a criminal charge for something like this. So they can decide not to file a charge as long as the spouse is reimbursing the husband for her actions in the divorce.

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So it would be a very good idea for wife to do whatever is necessary to pay that money so as to avoid any potential criminal prosecution and get a felony on her record.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister