Can I sue my soon-to-ex-husband if his back child support payments were taken out of our joint account?

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Can I sue my soon-to-ex-husband if his back child support payments were taken out of our joint account?

Only been married for 7 months and my husband told me to put him on my bank account. However he fail to tell me that he owed back child support. Child support enforcement took the amount owed out of my account. What can I do ?

Asked on July 19, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What a dirty trick.  Once it appeared that the account was a joint account it became fair game for the collection and enforcement division for the back support.  Yes, you rally should say something in the divorce process.  But you are really not married very long and do you really have any assets together that you can try and argue reimbursement from?  Otherwise you may indeed have a tough time - albeit not impossible - to prove that the funds were not joint funds.  The tough part is all the records that need to be brought to light showing that the only deposits prior to the withdrawl were made by you prior to the marriage.  Get a good lawyer here.  Good luck. 


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