Legal Question in Family Law in Iowa
Account Responsibility
Husband & wife get divorced. Husband closes their joint account without notifying wife while they are going thru the process. She writes bad checks which obviously bounce without her knowledge. Divorce decree states that he is responsible for anything after a specified time which includes this time when he has closed the account and she writes the checks. Court system sends her info to ex's house about warrant & court date, but he doesn't pass along. Warrant is issued for her arrest. She is arrested.
Whose responsibility & is he liable for any of this?
1 Answer from Attorneys
Re: Account Responsibility
This isn't really a divorce law question it is a criminal law question. You have been arrested and charged with forgery. Apparently you have some defenses but you are going to have to prove them. The intent part is an element of the charge but if a person knew or should have known that the account was closed or that there was insufficient money to cover the checks that's enough. Unless the decree states specifically that it applies to the checking account you are going to have a tough problem and the best you can hope for is contempt of court. If you do not have a good defense attorney I suggest you contact one immediately.
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