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I make more money than my husband, he makes cash money when…

Customer Question
I make more money...

I make more money than my husband, he makes cash money when he does work. we have a checking account but I would like to take some money out of the account since my direct deposits are larger amounts than what he makes in a month, can I do this since we haven't started the paperwork for divorce.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I am ready

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

A mediator in california

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will have full custody of the 2 children and work full time. My husband like I said has a cash paying job when there is work, and will have shared custody. What would be the amount he would have to pay for shared custody? WE agreed he would not to touch my retirement, IRAs and pensions. But we do have 40,000 combined but he says he gets half of that, even though my weekly checks were more that his monthly contribution.

Submitted: 6 months ago.Category: Family Law
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Answered in 2 minutes by:
12/28/2017
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. So, the answer to your question is yes, you can take money out of this account unless you have some written agreement with your husband that says that you are not able to take this money out. Because CA is a community property state, you both jointly own all property, including cash in a bank account, that accrued after you got married. If you plan on being the custodial parent, then he would be responsible for paying child support. Child support is determined primarily on the guidelines set up by the state. If you click here, you can see the state-approved calculator to determine what he would have to pay you. What other questions did you have for me today?

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Customer reply replied 6 months ago
I appreciate the response. We only have the 2 bank accounts and our 2 childrens college funds savings. Household items and a couple of credit, phones together. I truly believe he will not touch my pension/retirement and I don't want his I just don't feel he should get 1/2 of our bank accounts, since it was more of my direct deposits put into them for the last 12 years. I plan on removing $6,000.00 and for the month of January direct deposits and keeping the money somewhere else. Should i open another account with my name only, or will he be entitled to have that money.
If he doesn't have a paper trail for income. How does the las determined how much he would pay me for the children monthly.
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
I understand your concern. Even if you put in all the money, the law presumes it is community property. You can take money out and it is possible that a judge may award you the money in the account, but it's fifty fifty until a judge ruled otherwise (or you and him come to an agreement on it). Even if you open another account, it's still half his. If you file for divorce, you can ask the judge for that money, but it's up to her whether she would grant the request.
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Customer reply replied 6 months ago
tomorrow I can remove $5000.00 cash and place it in a cashiers check and it would not be part of our account. Is that ok?
Customer reply replied 6 months ago
I've been told I was charged for the $59 phone call?
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
you can remove the money because the account is half yours too. Unless it would leave him destitute, a court would be fine with that. Also, you haven't been charged because I didn't accept the call so no need to worry. If you were, tell customer care that you were charged accidentally. Any other questions for me tonight?
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