QUESTION

How do I go about gaining access to our finances after husband moved out, closed and emptied our accounts.

Asked on Jan 16th, 2018 on Family Law - New York
More details to this question:
3 months ago, my husband of 14yrs moved out, lied to the court and got a TOOP and him and my 11yr old autistic son are living at his moms. He subsequently closed and emptied our joint accounts. I haven't worked in 3yrs due to health issues. He refused to pay our rent and we have just been evicted. I have 1 week to pack this whole house up, which we lived in together for almost 5yrs, and find a place to live. Both of our names are on lease and both of us were just at eviction court and told the order. He has refused to help in anyway. I have zero money and in 6 days no place to live. What immediate legal action can I take now?
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1 ANSWER

NA smsattorney@gmail.com
You have a couple of issues going on. First, eviction; Second Custody; Third Financial Support; Fourth Failing Marriage, here is what I think: First EVICTION: Like he moved out and went to his mom, is there any relative you can go to? I would prefer that you go to the shelter and see if they can get you accommodation. If you have the child with you when you go to the shelter, they usually expedite the waiting process and provide temporary housing // apartment. This would be one benefit you would attain by going to the shelter compared to go to a relative or a friend.   Second CUSTODY: You should look into establishing custody for the child and seek primary custody of your son as I am assuming because you were unemployed for 3 years, you were looking after the son as your primary responsibility. You will be able to get child support payments from the father if and when you get custody in place.   Third Financial Support: Going to the shelter, pursuing child support, and filing for divorce and seeking Alimony from your husband will be able to lift you back up and stabilize your situation and steer you in the direction to be independent again and seek employment. Fourth Divorce: More than likely, the way your husband is reacting and behaving sounds like he has abandoned you and looking to move on without you. The way I provided the answer to you he might be using and thinking the same thing to use the child, shelter, support and alimony. I understand you mention you have no money and you will have no place to live in 6 days it really difficult to find a free attorney. But you can go to Family Court and see if they get assign you a free lawyer. I would love to work with you but I would have to provide a really low priced retainer. Give me a call if you would like to work with me or you can go to the family court and get a free attorney that can help you out as well. Looking forward to hearing from you. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.
Answered on Jan 16th, 2018 at 8:24 PM

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