Legal Question in Family Law in Florida
Well, I'm back again and thank you for your last answer. New problem with sister in Florida who is living with new boyfriend, about a year. Boyfriend is from Michigan and has relocated to Florida. Boyfriend is a deadbeat dad. Dumb sister put boyfriend as signer on her checking account. Boyfriend earns no money. State of Michigan found out that boyfriend is signer on dumb sister's checking account and garnished all the money in sister's bank account, about $6000. Does she have any chance of recouping $6,000? She can prove that the $6,000 came in part from her savings account, payroll deposit and child/alimony support from ex-husband. How should she proceed.
Concerned Sister in NJ
1 Answer from Attorneys
Florida law isn't exactly clear on this. Some appellate courts have said that, by putting him on the account, she "gave" him all the money that was in the account. They became co-owners of the money, so if he "used" it to pay support, then he was "allowed" to do that. Obviously, that's what the bank would say. The bank is probably right.
A small number of appellate courts say that putting someone on your account doesn't mean they can just "rob" you of the money, which is essentially what he did. I think a lot of judges would agree that he owes her the money back. And if she sues him for just $5,000 and forgets about the extra $1,000, she can sue in Florida small claims court, and she won't need a lawyer. Of course, this guy has no money, so I'm not sure there's any point in suing him.
Here's the answer that you're really looking for, and you're not going to like it. Michigan legally seized the money, and they don't have to give it back, even though the source of it was clearly from your sister, not the deadbeat boyfriend. The money was in his name, in "his" bank account, and he owed it to Michigan. They legally took the money. End of story.
Note to sister: don't ever co-sign, take out joint credit cards, put names on things, etc., until you're married. And even then...
Better note to sister: Don't date deadbeats.