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STBX just screwed me out of $300, maybe more

Our divorce is new, I filed papers a few weeks ago and STBX moved out.  We still have a joint account. I have to use it because my school district takes three pay periods for a new direct deposit to take effect on a new bank account.  STBX told me, when he moved out, that I could use whatever money was left in that joint account for the kids since I was taking care of them 100% of the time.  STBX, has a new bank account and his paycheck is going into this new account.  I only use the joint account for the purpose of my paycheck being deposited into it until it is corrected and deposited into my new account automatically.  I have been withdrawing my paychecks out of it and putting it in my new account so far. 

Well, he wrote a check on our joint account in the amount of $425 and never told me.  Now, our account is overdrawn $300. 

So, this Friday is the last time my paycheck will be deposited into that account, and I'm screwed out of that money.  STBX said it's my fault because I should have checked the records.  I don't even have the checkbook for this account - HE does, and he never told me he wrote the check.  Then he told me that if anything else "bounces" now, it's my responsibility. 

So what do I do at this point?   

Re: STBX just screwed me out of $300, maybe more

  • Unfortunately there's nothing you "can" do, that I know of.  Since it's a joint, he is entitled to use those funds. 

    I am still on our joint acct even though not a penny of mine goes into it or comes out of it, but stbxh doesn't want to close it yet because of his direct debits.  I keep poking him that he better stay on his best behavior because technically I could go to the bank, cash out his $ and close the account and there'd be nothing he can do.

  • Is the use of the account spelled out in a separation agreement?  If so, talk to your lawyer.  If not, sorry.  I recommend taking his name off the account and having him turn over the checkbook to you. 
    This is my siggy.
  • Right before I filed for separation, XH wiped out our joint therefore the bank wiped out my personal checking and savings to cover it. My attorney said that I could claim that money back when I filed the actual divorce paperwork.
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  • Check with your lawyer to see if there's anything they can come up with, something similar happened to me and basically you're SOL. Or I was. Sounds like you're already on the next logical step, which is to protect yourself and financially separate.

    Sorry ! :(

    Vacation
  • Are you required to have direct deposit? Could you have them issue you a paper check instead?
  • My payroll department has been SUPER helpful.  I love them.  They requested a stop payment and are going to have a live check printed for me, however, I have to drive an hour away to our department of education office to pick it up, and it won't be ready until 4:00pm on Friday.  At least it's something.  I just hope this doesn't get screwed up.
  • imagejaime ma famille:
    My payroll department has been SUPER helpful.  I love them.  They requested a stop payment and are going to have a live check printed for me, however, I have to drive an hour away to our department of education office to pick it up, and it won't be ready until 4:00pm on Friday.  At least it's something.  I just hope this doesn't get screwed up.

    Cash it at a 7-11 or something.. but the account will still be negative so this will have to catch up to someone at some point.

  • imageMia2700:

    imagejaime ma famille:
    My payroll department has been SUPER helpful.  I love them.  They requested a stop payment and are going to have a live check printed for me, however, I have to drive an hour away to our department of education office to pick it up, and it won't be ready until 4:00pm on Friday.  At least it's something.  I just hope this doesn't get screwed up.

    Cash it at a 7-11 or something.. but the account will still be negative so this will have to catch up to someone at some point.

    Well, it won't be me!  STBX wrote the check and overdrew the account.  There was plenty of money in there.  It's his fault, not mine.  Plus, he gets paid four times as much as me and he's not paying ANY child support right now.  So, he can take care of this one.

  • imagejaime ma famille:

    Well, it won't be me!  STBX wrote the check and overdrew the account.  There was plenty of money in there.  It's his fault, not mine.  Plus, he gets paid four times as much as me and he's not paying ANY child support right now.  So, he can take care of this one.

    You are BOTH on the account, which means you are BOTH liable. The bank isn't going to care who wrote the check. You should have made sure you knew where that check book was, and also taken all steps to make sure activity on the account was limited. Talk to your lawyer, but this sounds like your bad. Your XH is a douche, yes, but cover your own ass before things like this happen.

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