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How long ago did the husband become aware that the accounts were opened?
And were the accounts opened up without the husband's permission?
Did the wife forge his signature on any account applications?
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.
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..
Can she still ask for the state to govern the child support
Yes, that is a completely separate issue with the divorce/child support/spousal support case.... they are completely separate issues.
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..
I just wanted to touch base with you and check in.
Did you have any further questions I can help with?
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.
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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