Legal Question in Family Law in Maine

I live in Maine. I have been divorced for a little more than a year. I have custody of our only child. Ex did not appear at the divorce proceedings and has not spoken to or seen our son in more than 7 months, by his own choice (I tried to encourage their relationship for a long time, but stopped when my son asked me to no longer intervene on his behalf. He accepts that his father isn't going to have anything to do with him at this point). I receive SSDI payments (in lieu of child support) for my son because my ex was deemed disabled due to mental illness. I was recently notified by the bank that an account we held jointly received a large deposit. My name is still on this joint account even though we are divorced. Ex never did anything with bank to change the account or any of the online access after our divorce. Can I withdraw money from this account as the joint owner (without his permission), even though we are no longer legally married? And if so, do I have to justify the withdrawal? Thank you for any assistance you can give me.

Asked on 11/13/13, 9:20 am

1 Answer from Attorneys

James Hall Qua, Hall, Harvey & Walsh

The answer really depends upon the divorce decree, but I believe, not knowing all the facts, that it would be very dangerous and possibly a crime to withdraw the monies, particularly if you know it is not your money now. If he owes you monies, you could attempt to attach the monies in that account.

I recommend reviewing all the facts with an attorney.

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Answered on 11/14/13, 7:27 am

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