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  • FIRST POST
    • Leanne1904
    • By Leanne1904 12th Mar 18, 11:59 AM
    • 6Posts
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    Leanne1904
    Daughters bank account empty
    • #1
    • 12th Mar 18, 11:59 AM
    Daughters bank account empty 12th Mar 18 at 11:59 AM
    Hi,
    My daughter is 13, when she was around 5months old my husband set up a save4it account with Halifax. He was the trustee on the account. I have recently discovered he has cleared out the account, over £3500 gone. The bank and the police say there is nothing that can be done as he is the Trustee on the account. I was wondering if anyone knew if this is true or if there is anything I can do?
    Tia
Page 2
    • EachPenny
    • By EachPenny 12th Mar 18, 9:42 PM
    • 4,993 Posts
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    EachPenny
    Anyways, I can prove that none of the money was spent on my daughter as he doesnít have her to spend the money on her
    Originally posted by Leanne1904
    Something you will get used to in the divorce process is it is one thing to think he's not spent money, its another to prove it.

    He might have spent the money buying Premium Bonds, Gold Sovereigns, Fine Art etc etc for your daughter. However unlikely those suggestions might be, the point is you cannot prove he hasn't used the money for her benefit.

    If you don't agree on a financial settlement and you end up going to Court then part of the process is financial disclosure, followed by a "questionnaire". You (or your solicitor) use the questionnaire to clarify or uncover things which are not properly explained in his financial disclosure.

    That might turn out to be the most convenient place/time to raise the issue of your daughter's savings - the judge gets to see the questions first and decides if they are fair and reasonable to ask. You could ask when and why he withdrew the money, what (exactly) it was spent on, and whether he intends to repay her the money. That raises questions about his conduct, which probably won't directly affect the outcome of the settlement, but may have an influential impact on the judge.

    Getting divorced is a really emotional (and expensive) process. The most important thing is to think like a lawyer, not like an ex-wife That means trying to detach yourself from the emotions and look at cold hard facts. If at all possible try and settle things without going to court. The court process is rarely very rewarding for either party.
    "In the future, everyone will be rich for 15 minutes"
    • John-K
    • By John-K 12th Mar 18, 10:38 PM
    • 654 Posts
    • 1,011 Thanks
    John-K
    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
    • By alanq 13th Mar 18, 1:23 AM
    • 3,990 Posts
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    alanq
    So he paid the money in, ...
    Originally posted by John-K
    That is not the case.

    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.
    Originally posted by Leanne1904
    • eskbanker
    • By eskbanker 13th Mar 18, 8:40 AM
    • 7,167 Posts
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    eskbanker
    To play devil!!!8217;s advocate, you suggest that you had the right to withdraw it, when the fact is that you did not.
    Originally posted by John-K
    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
    • By atush 13th Mar 18, 1:48 PM
    • 16,709 Posts
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    atush
    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
    Originally posted by Leanne1904

    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
    • By atush 13th Mar 18, 1:53 PM
    • 16,709 Posts
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    atush
    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.
    Originally posted by EachPenny
    It would appear to be fraud. something that should be pointed out during any financial discussions in the divorce.
    • atush
    • By atush 13th Mar 18, 1:55 PM
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    atush
    If he's spent / spending the money on the child there's no issue.
    Originally posted by PeacefulWaters
    And where did you deduce that from?
    • atush
    • By atush 13th Mar 18, 1:57 PM
    • 16,709 Posts
    • 10,412 Thanks
    atush
    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.
    Originally posted by pearl123
    Ive pretty much stopped using them
    • Reaper
    • By Reaper 13th Mar 18, 5:02 PM
    • 6,253 Posts
    • 4,504 Thanks
    Reaper
    There are threads about the 8217 bug such as this one:
    http://forums.moneysavingexpert.com/showthread.php?t=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
    • By LMS123 14th Mar 18, 12:28 PM
    • 32 Posts
    • 18 Thanks
    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
    • By Leanne1904 15th Mar 18, 5:46 PM
    • 6 Posts
    • 0 Thanks
    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 canít prove how heís 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 wasnít 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.
    • xylophone
    • By xylophone 15th Mar 18, 5:59 PM
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    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
    • By EachPenny 15th Mar 18, 8:55 PM
    • 4,993 Posts
    • 13,293 Thanks
    EachPenny
    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 canít prove how heís 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 wasnít in the area so to avoid seeing the children only for me and the children to bump into him and discover he had lied.
    Originally posted by Leanne1904
    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.

    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.
    Originally posted by Leanne1904
    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.
    "In the future, everyone will be rich for 15 minutes"
    • xylophone
    • By xylophone 15th Mar 18, 9:28 PM
    • 25,374 Posts
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    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
    • By EachPenny 15th Mar 18, 9:56 PM
    • 4,993 Posts
    • 13,293 Thanks
    EachPenny
    I think the OP probably means restitution.
    Originally posted by xylophone
    I wondered about that, but the Family Law system is not set up to do that either

    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.
    Originally posted by xylophone
    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.
    "In the future, everyone will be rich for 15 minutes"
    • Westie983
    • By Westie983 15th Mar 18, 10:12 PM
    • 4,333 Posts
    • 14,890 Thanks
    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
    Save 12k in 2018 #10 Total (£25,000)+£10,000/£12,000 = 83.33%
    Sealed Pot Challenge ~ 11 #97 Total (£410) + £40/£500 = 8.00% ( x 11)
    Xmas 2018 £1 a Day #2 Total £62.59/£365 = 17.14%
    Virtual Sealed Pot #1 Total £750/£1,000 = 75.00%
    £2 Savers Club 2018 #16 Total (£1,500)+-480/£2,000 = 51.00%

    Total £11,872.59/£15,865 = 74.83%

    I'm a Board Guide on Budgeting & Bank Accounts, Debt-Free Wannabe, Disability Money Matters, and Savings & Investments. I'm a volunteer helping the boards run smoothly, but I'm not a moderator, and do not read all posts. If you see an inappropriate/illegal post then email forumteam@moneysavingexpert.com
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