Asked in Banking, Child Support and Divorce for Oklahoma

Q: Joint banking account debt mid divorce

My girlfriends ex's child support came out of their account before the divorce was final and she could take her name off of the account and it is negative over a thousand dollars. He is incarcerated and his mother doesn't have power of attorney yet (their attorney is dragging her feet and hasn't got his signature). what can she do to clear her name of the debt not hers and allow herself to get off the account and be able to open an account of her own?

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1 Lawyer Answer
Gary Johnston Dean
Gary Johnston Dean
  • Business Law Lawyer
  • Pryor, OK
  • Licensed in Oklahoma

A: The bank overdraft is the JOINT Responsibilty of both parties. The divorce could order him to pay, or hold her harmless, but if he is long term incarcerated, the bank may come after her.

Nothing prevents opening a new account now. She should have her own attorney in the divorce. She should consult an experienced Family Law attorney for help

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