Legal Question in Family Law in Washington

family law/divorce law

In my divorce decree my exwife added a sentence that says ''respondent(me) will establish a college fund for child''. I did, at a credit union with membership requirements I knew my exwife didnt meet,as I was concerned with her accessing the account. When my son was 12 my exwife and I had a serious falling out and severed all contact. She then remarried, moved, changed her name and did not give me any info to contact him or her.(I dont have joint custody)Now years later, I noticed my sons accnt statement was not arriving and called the bank. In a huge coincidence she had moved near us, and married someone who can get in the credit union. They went to open an account for my son and were informed by the credit union that he already has an account, with $1000 in it. (our account for college). My exwife and the bank then allowed my son to change the address on the account to theirs, request a debit card, and spend the entire court ordered college savings account in 3 months. We spoke with the bank and they say since it was a youth savings accnt with my son as the primary, he has this right. Do we have any recourse? This was our money to give only If he went to college. He is now in hi school . Can we get our money back?


Asked on 3/02/07, 9:05 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: family law/divorce law

Great facts! So, you followed the terms of the decree (and you can prove it) and she refused to allow you contact with your child (what does your parenting plan require?), then went to the credit union and raided the account?

Did she spend it on college for your boy? How old is your boy?

bank is probably correct, but I'd need to see 1) your decree and 2) the bank's records from when you opened the account.

Has he had his 18th birthday yet?

Wow. Call if you want a referral to SnoCo counsel. Hope this helps - Powell

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Answered on 3/02/07, 9:13 pm


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