Legal Question in Banking Law in Florida

FL_In a divorce, husband and wife meet w/bank representatives to have bank accounts released (they were frozen due to husband getting court order). At the time accounts are unfrozen, as part of the divorce settlement, wife must pay court ordered dollar amount to husband. Wife signs withdrawal to make the payment to husband, who in turns opens a new account w/the same bank, same day.

The bank errored and never withdrew the dollars from wife's account to make the deposit into husband's new account. Wife withdraws majority of money from that bank. Husband gets his new checks in the mail and a bank statement showing $0 balance - no deposit made.

Is the wife or bank liable to the husband for those funds?

Asked on 7/27/12, 7:05 pm

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

The wife appears to be responsible. She withdrew the money. You should make a motion to enforce the court order.

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Answered on 7/30/12, 8:08 am

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