Daughters bank account empty

xylophone

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

Consider post 13?

EachPenny

Leanne1904 wrote: »

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.

By 'statement' do you mean she has given you a copy of the bank statement, or that she has told you this is what he did? If the former, then all you have is proof he withdrew money on specific days. If the latter you have some heresay which the court would probably ignore. (If the girlfriend is still with him then she will probably deny saying anything to you, so do you have this in writing, or just verbally?)

However, you still cannot prove what he has spent the money on, nor can you prove that the money has not been used for your daughter's benefit. The only thing you might be able to prove is the money is no longer in the account it was in originally.

Leanne1904 wrote: »

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.

You are going to be very disappointed then. The Family Law system is not set up to benefit people seeking retribution, if that is what you are seeking then you will find yourself spending a lot of money to gain nothing.

xylophone

The Family Law system is not set up to benefit people seeking retribution,

I think the OP probably means restitution.

However, you still cannot prove what he has spent the money on, nor can you prove that the money has not been used for your daughter's benefit.

Since the OP's husband was a Trustee, it is up to him to prove that the money he has removed from the account has been used for the child's benefit.

EachPenny

xylophone wrote: »

I think the OP probably means restitution.

I wondered about that, but the Family Law system is not set up to do that either

xylophone wrote: »

Since the OP's husband was a Trustee, it is up to him to prove that the money he has removed from the account has been used for the child's benefit.

Agreed, but that is a separate issue to the financial remedy process the OP will be going through. The Family Court will concerned with the assets of the marriage, not necessarily what may or may not have happened to money in a child's bank account.

The issue with the LMS123's friend's child maintenance is different - that was money owed to the mother. The contents of the OP's daughter's bank account is likely to be treated as a debt owed by the husband to the daughter, it would be an abuse of the maintenance system to make an order requiring the repayment of this 'debt'.

I still think your post 13 could offer the most productive route.

Westie983

Save4its are books and don't have a statement, as the book is the statement.

Have you been given a list of transactions instead? This is not a statement.

I hope you are able to get some money back from your Husband, but im not sure the solicitors will say he has to reimburse you as its was him who had access to the account.

I do hope morally, he does what is right.

Westie983