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My husband is saying he's going to take me off his bank

My husband is saying...

My husband is saying he's going to take me off his bank accounts so.i can't get any money for me and our child. Is he allowed to donthay?

Lawyer's Assistant: Family law varies by state. What state are you in?

Maine

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

I have no money for a lawyer or the time to meet with one

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

I have a job but only make 300 a week. I have emotional.problems along with anxiety and depression. I'm scared and he said I have to find a way to get My own food and place to live and that he doesn't have to help.me

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Answered in 5 minutes by:
3/5/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,172
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a 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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
That's fine. I need to know if he's allowed to do this and what my rights are

I'm sorry to hear about your situation. Generally, a parent has an obligation to care for their child. If the parent does not, then you can always go to court to request the court enter an order that requires him to pay for the child's needs. Also, you may have to sue for divorce to get your rights as a spouse established. Generally, when a spouse sues for divorce, the court does not allow the other party to block access to funds or property of the other party. If the party does block access, then they may be held in contempt of court which may result in fines. If you don't want to divorce your husband, you may have to request with the court that it issue spousal support anyway because you are being blocked from the funds to which you would normally be entitled as a part of the marital estate.

Did you have any other questions for me today?

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Customer reply replied 1 month ago
what do i do if he keeps the money that's half mine from me? I won't be able to pay rent get food or anything

You may have to sue for divorce ASAP. If he is willing to do this to you now, I'm assuming he will do it again. I'm also only presuming that he's done this before. If you sue for divorce, you should ask the court for an immediate order that he provide the necessary rent money for you and your child.

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Customer reply replied 1 month ago
How do o do that? I have no money to go to court. He has never done it before but threatens to do it all the time

So, filing for divorce is basically filing a lawsuit where you are asking hte court to grant your request to no longer be with this person.

Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract occurs when someone fails to fulfill their obligation in an agreement. It doesn't have to be very long, but something that explains what your legal authority is to bring the case. Afterward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this. You will also want to include an injunction which is basically a request that the court order that you not be blocked from bank accounts because you won't be able to pay your rent.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouse require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial.

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Customer reply replied 1 month ago
I'll just contact a lawyer I can meet with to help me with this. It's too much to do all on my own. I can't handle it

I certainly understand.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Maine LRS - click here. You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

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Customer reply replied 1 month ago
Thank u very much

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Legal Eagle
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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).

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