Legal Question in Family Law in Kentucky
I will be divorced soon. The bank account is still in both of our names. He is trying to screw me over big time. We have custody of my 15 month old granddaughter. He agreed to paying the car and the cellphone, and now is asking for it back, and turned the phone off. Ihad a paid for car when i married him a couple years ago. And he is the one who typed up the agreement himself and submitted it, only to put a motion in almost two weeks later changing everything...so I put my own motion in and started asking for things! Now, with the phone, I'm going to go to the bank account, that I haven't touched for a very long time, and I'm going to get enough money out to go get some small prepaid cellphone, just so my granddaughter and I can have a phone. Is there anything he can do about that?
1 Answer from Attorneys
Hello and sorry that you are going through such a difficult time. If you have access to the account and the court hasn't ordered a freeze on it then you can take money out. Just understand if the account funds are comprised of income earned during the marriage then that income is considered marital property subject to distribution by the court. This means he may have a legitimate claim to roughly half of such funds earned during the marriage.
I feel compelled to warn you that in these situations it is important for you to retain an attorney before a final decree is entered. I hope this has helped and I wish you all the best.