Q: Can I withdraw money from Joint Bank Account after my husband's Court Removal due to Domestic Violence?
Due of domestic violence, my husband was removed from the home. The hearing is pending but in the meantime, I am responsible for everything (rent, utilities, transportation, our autistic toddler's needs).
My child is not getting child support and I already withdrew half the money from the joint bank account the day he was served, which wasn't much and used it to pay for rent, transportation, food and my kids necessities. I have no green card and can't work. He is not paying child support because it hasn't being determined and he won't even buy our child's necessities out of good faith. He is not paying rent since he is living with his mother.
They are going to suspend our electricity because it is due tomorrow. Will I get in trouble for paying the electric bill with the money on the joint account? The amount has increased because they deposit his salary there and he doesn't have to pay for much other than can insurance and collaborate with the food he is getting over at his mom's.
A: If it is a joint account then you may use the money for reasonable and necessary expenses related to the home and the child. Keep receipts and proof of all spending and make sure these are necessities. You should ask for child support at the domestic violence hearing. If you are not able to or the court does not address support, then you may file a request with the circuit court where you reside with the child for a determination of child support.
Note - the information presented here should not be construed to be formal legal advice or the formation of an attorney/client relationship
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