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Family Forum / Marriage / Divorce / December 2004



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Daven Thrice - 28 Dec 2004 00:50 GMT
Its often recommended to put some money aside for the day you leave the
house, whether forced our or on your own free will. But how much, and how
does or will that effect discovery?

Money that you put aside for yourself before the spit is fare game, no? Any
restrictions to that? What if you start yourself a little bank account
before the split, what then? What is the appropriate timing for cleaning out
such an account?

I'm not saying that somebody should hide all their money or anything like
that, but setting aside enough cash to get an apartment or something doesn't
seem unreasonable. At the same time, that amount of money might be the lions
share of what exists.

What are the factors and what is a proper approach?

dt (hailing from California)
cloaked - 28 Dec 2004 02:10 GMT
My ex stole $10,000 of our joint money and put it in her "business"
account.

When I accidentally discovered this little stash, it was basically the
straw that brike the camels back. This is the exact moment I decided
that the marriage was over and divorce was immenent (sp?)

When she filed her financial statements, she did not declare the
$10,000 or the existance of the account. This wilful error of omission
under oath is purgery. And I, fortunately, had HARD EVIDENCE. The
courts did not give a damn. They said she must have "forgotten", and
allowed her to file revised statements. The judge completely glossed
over an issue which was key to her credibility.

Now anyone can forget $5, $10, even $100 maybe. But NO ONE "forgets"
$10,000!

Because the account was in her name only, I would have had to
counter-sue her for divorce to get any of it, which would have cost me
almost as much as the amount in the account as it would have ensured a
"trial" and would have extended the divorce time-frame by almost a
year - all the while during which she would have received "spousal
support".

Moral of the story, if you are a woman, you can get away with it. YOU
are a man. I suspect that any attempt to do this will have
consequencess.

Be that as it may, possession is nine tenths of the law! I strongly
recommend you stash some cash, however, do NOT put it in any kind of
bank account! Bank accounts can be "frozen" or "seized", etc.... There
is NOTHING they can do about CASH. CASH is negotiable, and if it is in
YOUR POCKET, then nothing can be said.

Perhaps talk to your lawyer about keeping money in a "trust account"
for you. This will prove to him that you have the money to pay his
fees, if required, and could be a source of funds in an emergency.

Other than that, you need to physically stash the cash in a safe place
that NO ONE else knows about.

Remeber - two people can keep a secret, but only if one of them is
dead!

As to amount, if I were you, I would put away as much as possible. How
much do you take home on an average paycheque? I would say at least
this amount. How about enough to buy food & gas for a couple of weeks?
For an apartment damage deposit & first month's rent? For a lawyers
retainer???

hth

>Its often recommended to put some money aside for the day you leave the
>house, whether forced our or on your own free will. But how much, and how
[quoted text clipped - 13 lines]
>
>dt (hailing from California)
Rambler - 28 Dec 2004 05:15 GMT
> My ex stole $10,000 of our joint money and put it in her "business"
> account.
[quoted text clipped - 47 lines]
>
> hth

You know ... we've had this discussion a number of times.  And it just
struck me that these discussions seem to be predicated on taking money
from a joint account and 'hiding' it so that the spouse never sees it or
is aware of it's knowledge.

As my marriage imploded, I took half of what was in the checking account
 and moved it into an account only in my name.  She had already taken
$5K and sent it to her Mom, and that is what pushed me to do the same as
I was scared shitless that I would be left with not a penny.  When she
took off, I drained the rest out of the joint account, which
unfortunately left her with no money.

But the thing is I didn't hide anything.

So I guess there are really two questions.  One is hiding money, the
other is putting money aside.  If you are putting half or less aside, I
can't see the problem (I understand it is a marital asset, and you don't
want to squander marital assets).  If you are taking more than half to
put a down payment on a place, then you probably should look for a
cheaper place.

Also, I would think that the speed at which the courts move (albeit I
have only experienced this as the husband/father, so they may work more
quickly the other way around), that if you put it into a bank account,
it's going to take them a goodly amount of time before they get around
to ordering it frozen.

Just my thoughts on this cold (65 degree) and blustery day.

Rambler

>>Its often recommended to put some money aside for the day you leave the
>>house, whether forced our or on your own free will. But how much, and how
[quoted text clipped - 13 lines]
>>
>>dt (hailing from California)
John Riggs - 28 Dec 2004 05:04 GMT
   A sock is more secure than a bank when it comes to mad money for exit.
It is easier to hide away.
Around here it would take about $1000 to get an small apartment setup and
about $1000 to the lawyer to file papers and get things rolling....adjust
this for your area and you'd have a good idea what to set back.

| Its often recommended to put some money aside for the day you leave the
| house, whether forced our or on your own free will. But how much, and how
[quoted text clipped - 13 lines]
|
| dt (hailing from California)
My Own Doppelganger - 29 Dec 2004 03:22 GMT
Well, if you are certain that divorce is without a question in the
cards, then I say stash all you can.  I had my direct deposit switched
into my "personal" acct.  Hehe...that was the straw that broke her
back.  Guess she realized that I was for real about the D thing.  To
this day the ex doesn't allow me to forget it.

>Its often recommended to put some money aside for the day you leave the
>house, whether forced our or on your own free will. But how much, and how
[quoted text clipped - 13 lines]
>
>dt (hailing from California)

In a Cold World You Need Your Friends to Keep You Warm.
John Riggs - 29 Dec 2004 04:17 GMT
   Ya know, I did that too and my ex hit the roof when I quit subsidizing
her stash from the joint account to which my pay was being  direst
deposited.

| Well, if you are certain that divorce is without a question in the
| cards, then I say stash all you can.  I had my direct deposit switched
[quoted text clipped - 21 lines]
|
| In a Cold World You Need Your Friends to Keep You Warm.
cloaked - 29 Dec 2004 05:21 GMT
Well although my ex grabbed a LOT of $$$ and cancelled all me
credit/debit, she had no "income" per-se! So when my paycheques
started going into MY account after she phsyically threw me out, then
I had the last laugh.

It was touch & go for a couple of weeks, but I made it.

For the first time in her life, she had to get off her a$$ and hussle
to earn a living!

To the OP: Take heed, YOU file for divorce. That puts her in the
position I was in - If she wants anything, she has to file a
counter-claim! You file first, YOU are in control of the agenda and
you have a LOT of tactical advantage - not the least of which is the
element of surprize.

hth

>    Ya know, I did that too and my ex hit the roof when I quit subsidizing
>her stash from the joint account to which my pay was being  direst
[quoted text clipped - 29 lines]
>|
>| In a Cold World You Need Your Friends to Keep You Warm.
Rambler - 29 Dec 2004 06:30 GMT
> To the OP: Take heed, YOU file for divorce. That puts her in the
> position I was in - If she wants anything, she has to file a
> counter-claim! You file first, YOU are in control of the agenda and
> you have a LOT of tactical advantage - not the least of which is the
> element of surprize.

Wholly agree.  If it is going to happen, as long as you are going to be
fair, file first.  That way, any unfair actions by the other party have
several hurdles to cross before they even have to be dealt with.

Rambler
Rambler - 29 Dec 2004 06:29 GMT
>     Ya know, I did that too and my ex hit the roof when I quit subsidizing
> her stash from the joint account to which my pay was being  direst
> deposited.

Common theme.  My ex took $5K (that I directly knew about) out of the
joint account (though I had indications that she siphoned off an
additional $15K in the two months prior, plus I knew she had been
stashing for at least six months prior to that, if not longer), but when
I took half of what remained into the joint account and moved it into my
own, *I* was the one that was being sneaky and underhanded.  Go figure.

Ah well, whatever she took ran out a long time ago ....

Rambler

> | Well, if you are certain that divorce is without a question in the
> | cards, then I say stash all you can.  I had my direct deposit switched
[quoted text clipped - 25 lines]
> |
> | In a Cold World You Need Your Friends to Keep You Warm.
LoriMc - 29 Dec 2004 20:08 GMT
>>     Ya know, I did that too and my ex hit the roof when I quit
>> subsidizing her stash from the joint account to which my pay was
[quoted text clipped - 10 lines]
>
> Rambler

I came into the marriage with a small savings account that was always just
in my name.  It was always referred to as my emergency fund.  It was
security for my peace of mind should something ever happen, I would have
money for the kids and I to get by for a few months.

Lori Mc
 
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