QUESTION
My estranged husband is threatening to sue me for half the amount of a check he deposited into my account. His evidence is text messages from me.
Asked on Jan 26th, 2015 on Civil Litigation - Maryland
More details to this question:
My estranged husband deposited a 2 party (payable to himself and me) check into my bank account. He has text messages from me saying that I would give him back half of the check once it cleared. I changed my mind and decided to keep the whole check amount because we have a minor child that he refuses to pay child support for. I have not taken him to court to establish a child support case yet because I would have to take time off of work to do so. In the meantime he is living with his parents and helping an ex girlfriend with her living expenses. What are my chances of winning when if he does sue me? He lives in Clearwater, FL and I live in Lusby, MD. I have repeatedly asked him for help in paying for our daughter's after school activities as well as orthodontic treatments. He refuses to do so.
1 ANSWER
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Your husband should not prevail if you are adequately represented. As a Baltimore, MD family law attorney, I am familiar with this issue. The money is marital property, and belongs to both of you. While he may be your estranged husband, he is still your husband, and up until the day of a divorce decree, any money in his possession is marital property, and vice versa. As a result, his only recourse is to seek an equitable distribution of whatever property remains at the time of a divorce hearing.
If you want to make sure your rights are protected in this matter, or in your divorce generally, feel free to contact my firm. I can help.
Answered on Jan 26th, 2015 at 9:58 PM