West Palm Beach, FL asked in Divorce, Family Law and Child Custody for Florida

Q: Should I be taking funds from our joint account?

I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a job should I discontinue obtaining funds to prove the I am financially independent of him or should I continue pulling funds to show that I am in need of assistance from him? He lives in NC and is in the Air Force and I live in Florida and have established my son here in sports and school, if that matters. Also per salary I technically make more than him, however because BAH in the military, my sons father brings in approximately 1.5k more than me a month.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It probably doesn't matter either way, but be sure to keep complete financial records.

If your son has been in Florida for at least six months, the Florida courts would have jurisdiction to decide custody; otherwise a divorce (including custody) would have to be brought in North Carolina (assuming that is where you and your son were previously).

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Your amicable relationship with your husband sounds like it is worth whatever it takes to keep it moving along well; that means you should not keep taking the same amount of money that you were taking before you found the job. I also suggest that you raise these issues with your husband--because he is the father of your son; in my personal opinion your husband will have much less concern about you taking money from the joint account if he knows the money you are taking will be used primarily to care for his son. This will require you to keep very accurate records of all your spending--from all sources--in order to build a record for any future uses--like proving income and expenses if a divorce occurs.

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