Legal Question in Family Law in Nevada

What if my ex-husband, a lawyer, spent the childrens Trust account money?

I have been divorced since 1986. My exhusband (a lawyer) was to set up an account for our two boys said moneys to be held in trust until they reached 18yrs. However, he spent the money. Also according to the decree of divorce he was to give me a percentage of several cases I had worked on when they settled. When I later asked the disposition of the cases I was told they had been settled but he wouldn't say for how much nor will he give me my percentage as ordered in the decree. What should or can I do?

Asked on 9/03/04, 6:56 pm

3 Answers from Attorneys

Robert Grayson Law Offices of Robert A .Grayson
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Re: What if my ex-husband, a lawyer, spent the childrens Trust account money?

The requirement for the maintenance of the childrens' trust account may or not be construed as a child support obligation. Indeed, you can file a Motion for Order to Show Cause requiring him to account for the trust account funds and your share of the fees earned.

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9/04/04, 9:19 pm
James Smith James E. Smith Ltd.
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Re: What if my ex-husband, a lawyer, spent the childrens Trust account money?

You can take your ex back to Court for both an accounting and an order to show cause why he should not be held in contempt for violation of the Decree.

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9/03/04, 7:00 pm
Paul Malikowski Malikowski Law Offices, Ltd.
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Re: What if my ex-husband, a lawyer, spent the childrens Trust account money?

Federal Child Support Enforcement law requires States to implement procedures requiring that the SSN of any applicant for a professional, driver's, occupational, recreational, or marriage license be recorded on the application (not on the face of the license itself). In addition, the 1996 law requires that the SSN of any individual subject to a divorce decree, support order, or paternity determination or acknowledgment be placed in the records relating to the matter and that the SSN of any individual who has died be placed in the death records and recorded on the death certificate.

To that end, The Nevada Legislature has enacted the following:

NRS 7.037 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license.

[Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and

restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain

processes relating to paternity or child support proceedings.]

1. If the Supreme Court receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all

professional, occupational and recreational licenses, certificates and permits issued to a person who has been issued a license to practice law in

this state, the Supreme Court shall deem the license issued by the Supreme Court to that person to be suspended at the end of the 30th day

after the date on which the court order was issued unless the Supreme Court receives a letter issued by the district attorney or other public

agency pursuant to NRS 425.550 to the person to whom the license was issued stating that the person to whom the license was issued has

complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Supreme Court shall reinstate a license to practice law that has been suspended by a district court pursuant to NRS 425.540 if:

(a) The Supreme Court receives a letter issued by the district attorney or other public agency to the person whose license was suspended

stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to

NRS 425.560; and

(b) The person whose license was suspended pays any fees imposed by the Supreme Court for the reinstatement of a suspended license.

(Added to NRS by 1997, 2034)

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9/03/04, 7:17 pm

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