Daughters bank account empty

John-K_3

So he paid the money in, he was trustee, and he has taken it out?

To play devil!!!8217;s advocate, you suggest that you had the right to withdraw it, when the fact is that you did not. He could easily argue that he worried that you would take it, so he stopped this happening, and will pay her when she is older.

alanq

John-K wrote: »

So he paid the money in, ...

That is not the case.

Leanne1904 wrote: »

The paying in book was in my possession as I was the only person putting money into the account. Money that came from relatives etc.

eskbanker

John-K wrote: »

To play devil!!!8217;s advocate, you suggest that you had the right to withdraw it, when the fact is that you did not.

Also not the case as far as I can see, where do you believe OP suggested this? She mentioned that the passbook was the only way to withdraw funds, but only in the context of querying how husband accessed the money rather than expressing any desire to do so herself, as I read it....

atush

Leanne1904 wrote: »

We are still married but separated. I am now filing for divorce.
There was no financial agreement, but I was in possession of the paying in book which was all I was aware you could use to take money out of the account.
Child maintenance, he does pay but bare minimum atm as last tax year he earned so little. He very rarely had the children, some times it would be months between him having them

Just completely document this situation of him spending her money. Check copies of any joint account statements that you had together to mek sure he isnt draining those either.

Hopefully a judge (or mediator if you go that route) will take this into account. If they dont (which i will find hard to believe) take him to county court later.

In the mean time, set her up a new account. And pay into that one, and ask all relatives to do so as well.

The reason I asked about visitation is, if they care for their children, a parent wouldnt want them to know they stole their money. I was wondering if you could guilt him into paying it back.

atush

EachPenny wrote: »

The concept of 'custody' is now outdated as far as the courts are concerned. Parents will normally be deemed to have joint responsibility and that means shared responsibility for things like managing and protecting the child's finances. You could only get a parent excluded from involvement in the child's savings if it could be proved the parent had acted fraudulently in the past.


Going to court for anything to do with child maintenance is unlikely to be worthwhile these days unless very special circumstances apply. It is unlikely a court would make an order against a parent for the purpose of building up a savings balance, especially if the parent concerned is on a low income.

It would appear to be fraud. something that should be pointed out during any financial discussions in the divorce.

atush

PeacefulWaters wrote: »

If he's spent / spending the money on the child there's no issue.

And where did you deduce that from?

atush

pearl123 wrote: »

8217 kept coming up on one of my posts when I was using the apostrophe. I presumed it was some martin lewis forum software bug.

Ive pretty much stopped using them

Reaper

There are threads about the 8217 bug such as this one:
https://forums.moneysavingexpert.com/discussion/5786699

Apparently it's likely to happen when posting using an iPad or iPhone. Switching off "Smart Punctuation" on your device should solve it.

LMS123

I agree. That seems a good option to me. I hope that the money belongs, in law, to your daughter. Your divorce solicitor should be able to advise. My friend was getting divorced and, as part of her settlement, the court granted her all the money that her ex should have paid to her for the upkeep of their daughter, money that he never paid over a few years. As a result, after the sale of the marital home, he came away with virtually nothing.

Leanne1904

Thank you to everyone that has responded.
To those that suggested my ex husband could have taken the money as he was worried I was going to spend it or that I can’t prove how he’s spent the money you are wrong. His girlfriend had reached out to me with a statement that he had changed the address on the account to his new address and then over a course of 8 months was withdrawing money in drips £100 here, £10 there until it was completely empty. During this time he has lied on numerous occasions saying he wasn’t in the area so to avoid seeing the children only for me and the children to bump into him and discover he had lied. I have opened a new account that is locked to access from all until my daughter turns 18, when I asked HIM to replace the money into this new account he told me no but in a much less polite way shall we say. So when I see my solicitor next week I will be seeking retribution and hoping the judge rules in our favour that he must pay it all back and put it into this new account.