QUESTION
Is there a way I can obtain my money from my father during their divorce and is it worth it regarding legal fees?
Asked on Jul 08th, 2014 on Divorce - Michigan
More details to this question:
During my mother and father’s divorce, my father took my bank account bribing me by saying "he would add more money along the way." Long story short, my father and I don't talk anymore. I'm 19 and trying to pay for college. Needless to say, $3000 can come in handy for that. Is there a way I can obtain this money and is it worth it regarding legal fees? Thank you in advance.
9 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Sue your father in small claims court.
Answered on Jul 09th, 2014 at 4:33 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You can sue in Small Claims Court.
Answered on Jul 09th, 2014 at 4:32 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If your father was able to take the money in the account, his name must also have been on the account. I doubt you have any redress, but given that you don't say what kind of account it was, I can't tell you for sure if you have any remedies. However, this is an issue your mother could have raised, and apparently she didn't or if she did, either she got the money or the court denied it. Did whichever parent you lived with in high school, ask for post secondary support before you graduated. That's what should have happened and it would have likely resulted in both parents being ordered to pay a share of post secondary support.
Answered on Jul 09th, 2014 at 2:21 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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It must have been a Uniform Transfer to Minors Account (UTMA) that he spent. If it is, then you would have to sue him and prove that it was not spent for your benefit or with your consent. It would likely cost substantially more than $3,000 to bring a case like that to trial. I am not aware of any statutory authority allowing you to claim attorney's fees for having to bring suit.
Answered on Jul 09th, 2014 at 1:35 PM
Consider bringing a lawsuit in Small Claims Court. You can do it yourself, most people do, it is quick and easy. Just give your local Court a phone call and ask to speak with a small claims clerk. He/she will guide you through it. Good luck.
Answered on Jul 09th, 2014 at 1:24 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If your father took your money within the last 3 years you can bring a claim against him in small claims Court. You would not need an attorney for that.
Answered on Jul 09th, 2014 at 1:08 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Not through the divorce action. If you loaned your father money, and he promised to pay it back, but is now attempting to renege on that deal, you could file a small claims court action against him and then hope the court sides with you. If your loan agreement was oral, it really comes down to whether the court believes you when you tell the court that you loaned her father money and he refused to pay it back. If you have a written agreement for the loan, even if it's in formally written on the proverbial cocktail napkin, you have a much better chance of success in obtaining a judgment against your father. But even if you get a judgment against them, then you have the additional task before you of collecting that judgment. All things considered, it may not be worth your time and effort and expense to chase down $3,000. But now you know your options.
Answered on Jul 09th, 2014 at 1:08 PM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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You can file in Small Claims Court to recovery monies without the necessity of an attorney.
Answered on Jul 09th, 2014 at 12:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are a number of other questions which would have to be answered before a legal opinion could be given. However, unless there is something in writing it would appear to me that you have a very difficult time collecting, the sum of $3000 is relatively low in the sense of the inability to afford counsel. You might consider taking your father to small claims court locally.
Answered on Jul 09th, 2014 at 12:35 PM