my husband and I lent $35,000 to my sister and husband 3 years ago. They pay $468.00/month. My husband abandoned me and my then 4 year old daughter 2 years ago. He spends time with our daughter but does not help me financially. My sister has and would like to continue sending the payment to me to help house my daughter as I have been unemployed and need help. Can my husband bring legitimate legal action against her for sending the payment to me? We are still legally married. Thanks
If you are still legally married, then the money owed from your sister and her husband is a marital asset. You don't indicate if there is a promissory note or some other written agreement evidencing the debt or if it is just a verbal promise. Nonetheless, unless there is a written agreement that the money is to be paid to your husband alone, then your sister can make the payments to you. If you need the funds to provide for yourself and your daughter it is unlikely that a court would determine that you are wasting marital assets. I would, however, keep track of the payments and how you are using the money in case your husband ever raises this issue in a future divorce.
In the mean time, contact the agency that handles child support in your county and see if you can file an action to get your husband to pay you child support. It is not necessary that either party file a divorce for you to seek monies to help support your daughter. Raising a child is an expensive venture. He has an obligation to your daughter whether he likes it or not. It seems like you are already shouldering the yeoman's share of the responsibility. He needs to contribute too.
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