Enforcing I-864

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by a9b3h5:

Not entirely true. Banks are only required to report in excess of $10,000 when a transaction is conducted in CASH.
http://en.wikipedia.org/wiki/C...y_Transaction_Report </div></BLOCKQUOTE>
Like I said, there may be a chance. Wecond, if suspicious activity, whether a wire treansfer or not, the bank can still file the FinCEN 104 form.
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Second, this poster is fake and making up stories. According to the story, the transfer was made using a computer. Any web based application that allows monetary functions will capture IP address as security measures. The detectives rather than looking at her computer will contact bank and obtain IP address. From there on it will be determined which ISP holds the IP block and that ISP will know which physical location was assigned that specific IP address at that given time and date. Third, Hudson you are undermining the intelligence of a detective by stating have detective contact IRS. Do you think detectives are not trained to use the tools available at their disposable? Or are you really shedding reality that our Government is a big failure including law enforcement agencies as clearly depicted by ICE and USCIS who knowingly and willfully continuously allow fake VAWA affidavits. Oh but wait a minute am I preaching messiah of VAWA to come out of shadow and see the reality? I think so. </div></BLOCKQUOTE>
Ap,
It depends on where the transaction is located dufus. the bank has wire transfers in the hundred's of thousands, not exactly something that is easily found. And all it would be is the IP address. The key is finding out which IP address that initiated the wire transfer.

Finally, this has nothing to do with VAWA. But then again, I am talking to a Connecticut Yankee carpetbagger. Oh BTW, I will send a couple of CID, accountants with guns, to your home. There are questions they need to ask you.

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">@ Hudson

Read a little further, where I said the bank would be the one bringing charges Roll Eyes If newyorkr has signed the affadavits at the bank that the transfer was not authorized, and records show that the money went into his sole account, then she should press the bank for return of her monies,. The bank will go after the husband via criminal charges . She has to be adamant and not waiver because they already think that she is part of the scam because of the passcode. In anyway, if she does not succeed here, she can always make a civil case against him in the courts. </div></BLOCKQUOTE>
4now,
It does not work that way. The bank does not bring charges against the the husband. From the OP statement, she said the detectives are looking into her computer of the possibility of spy ware. If this was the case, then we are talking about the use of the internet for the wire transfer or possibility of her estranged husband's ex wife portraying herself as the OP at the bank. In either case, the financial institution that sent the money is the innocent by standard. In their eyes, it was not their mistake if proper disclosure laws were met. Furthermore the receiving bank would need some legal document, not an affidavit, stipulating the money was illegally transferred into the bank account. In all likelihood, the OP's husband could be charged with wire fraud and/or money laundering. If the ex knew about this, then she could face charges as an accessory.

Another problem is where the OP's bank was located. If located in the U.S. then the bank would cooperate with any investigation. If not, then the problem get that more complicated. But here is the problem. If disclosure laws were met, then the bank considers it a proper transfer and now a sour grapes story between the OP and the estranged ex husband, not a scam.

@Newyorkr

If the money transfer was greater than $10000 or if either bank believed suspicious activity, there may be a chance to shed more light on the money transfer. Every bank is required to fill out a form called FinCEN 104 to report deposits, withdrawals, wire transfers, etc of monetary instruments greater than $10000 outside of specified business transactions. Have the detectives contact the Internal Revenue Service disclosure office, along with the proper forms, to request any and all FinCEN 104 forms with both your and your estranged husbands name. If under a criminal investigation, this can be done under IRC 6103 as a need to know. Also, fill out form 3949-A and describing your legal situation. Embezzlement is taxable under the Internal Revenue Code, ie the tax code. Criminal investigations of the IRS may look into this. </div></BLOCKQUOTE>

A total of 50K he transferred 25 x , he opened a checking acct with the same bank I had . I had this acct before I met him. He has 2 bank accts already withoput enough money on it just to use to deposit his paycheck .. and debit bills .. He has no savings ... It was easier for him to transfer from my acct to his witht he same bank. Yes one of the things they looked for was the IP address.. He used the computer in our home. How he got my password I have no clue. Thats where he may put a apyware on it.
And to I dont work I was a student trying to better our lives. What fake vawa affidavits? I was assaulted with police reports and medical reports. We will be in court for that next week. This is costing mer time money and heartaches, just because a USC is greedy and want easy money to have his mortage paid off and throw me out after hes done with me .
He has the nerve to get a OP against a 5'4 120 lbs . I dont drive I have no family here He has his whole clan in NC .
Instead of trying to help why are you judging a person posting here?

" You cannot judge me until you have walked into my shoes"

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
So its assumed she will be too devastated to work! Trying to create a case for her, are we

Been down this road a few times already. And speaking from a practical point of view. It ain't going to fly. The sudden need for medicine will be seen for what it is, a ruse. The fact she was working will clearly show she isn't so devastated. Her only angel might be the issue of the money taken, maybe. A big maybe at that. You would be surprised at the amounts of money people can steal and for all intensive purposes get away with when its family doing the pick pocketing. Unless it was 7 figures don't expect any miracles.

As far as fleecing goes. What about the money he spent on her? Does that count? Or is just assumed there is a free ride? If she wants hers back then give his back too. That sounds fair. </div></BLOCKQUOTE>
And this is coming from someone who wanted, demanded, expected a prenuptial when you got married

Again, it is not about how much money he spent on her or how much she spent on him. It is quite common among couples with one or both spouses having separate bank account such as rainy day funds, or money inherited prior to a relationship.

It is obvious that the guy knew enough of her financial status before and during marriage that he knew how much money was in the bank account. But taking the money without telling her first, then lying about promising to pay it back, and then doing the hose job that he did on her, according to the OP's statement. What the guy saw when she inherited the money was $$$$$$$$$$ FIRST and as a very distant second. It was not his to begin with.

And now its time for Davdah to be the lab rat again. Why don't you take something from your wife without telling her, then lie, and then do the same hose job that the OP's husdand did. When you completed serving time in the California state pen, write a report about it. </div></BLOCKQUOTE>

Thank You.... You are right.. He never loved me and wanted a marriage he had a plan a game plan on me. What hurts is I believed I had a life and a marriage . I had dreams the american dream they say with white picket fence... That was for my dream house. Too bad... I deserve bettter.. Im glad I didnt sell my grandmas rice field... I still have something left back home

Thank You

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by newyorkr:
Instead of trying to help why are you judging a person posting here?

" You cannot judge me until you have walked into my shoes" </div></BLOCKQUOTE>
Newyorkr, I was not judging anyone in my reply. I was addressing part of the post to you. I think you misunderstood the @ symbol.

[a9b3h5]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by a9b3h5:

Not entirely true. Banks are only required to report in excess of $10,000 when a transaction is conducted in CASH.
http://en.wikipedia.org/wiki/C...y_Transaction_Report </div></BLOCKQUOTE>
Like I said, there may be a chance. Wecond, if suspicious activity, whether a wire treansfer or not, the bank can still file the FinCEN 104 form.
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Second, this poster is fake and making up stories. According to the story, the transfer was made using a computer. Any web based application that allows monetary functions will capture IP address as security measures. The detectives rather than looking at her computer will contact bank and obtain IP address. From there on it will be determined which ISP holds the IP block and that ISP will know which physical location was assigned that specific IP address at that given time and date. Third, Hudson you are undermining the intelligence of a detective by stating have detective contact IRS. Do you think detectives are not trained to use the tools available at their disposable? Or are you really shedding reality that our Government is a big failure including law enforcement agencies as clearly depicted by ICE and USCIS who knowingly and willfully continuously allow fake VAWA affidavits. Oh but wait a minute am I preaching messiah of VAWA to come out of shadow and see the reality? I think so. </div></BLOCKQUOTE>
Ap,
It depends on where the transaction is located dufus. the bank has wire transfers in the hundred's of thousands, not exactly something that is easily found. And all it would be is the IP address. The key is finding out which IP address that initiated the wire transfer.

Finally, this has nothing to do with VAWA. But then again, I am talking to a Connecticut Yankee carpetbagger. Oh BTW, I will send a couple of CID, accountants with guns, to your home. There are questions they need to ask you. </div></BLOCKQUOTE>

Oh lord mighty talking violence. A messiah against violence is threatening violence. Happens seldom. But not in this day age. Or could it be. Boggles my mind. What is at stake. It was understood to begin with. The sides chosen. Truth or Deceit. Don't matter fact anymore. Corrupt world welcomes shady people. Openly. Catch my drift.

[newyorkr]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">And this is coming from someone who wanted, demanded, expected a prenuptial when you got married 001_rolleyes

Again, it is not about how much money he spent on her or how much she spent on him. It is quite common among couples with one or both spouses having separate bank account such as rainy day funds, or money inherited prior to a relationship.

It is obvious that the guy knew enough of her financial status before and during marriage that he knew how much money was in the bank account. But taking the money without telling her first, then lying about promising to pay it back, and then doing the hose job that he did on her, according to the OP's statement. What the guy saw when she inherited the money was $$$$$$$$$$ FIRST and 001_tt1 as a very distant second. It was not his to begin with.

And now its time for Davdah to be the lab rat again. Why don't you take something from your wife without telling her, then lie, and then do the same hose job that the OP's husdand did. When you completed serving time in the California state pen, write a report about it. </div></BLOCKQUOTE>



It may be common that people keep separate accounts. It is with the same commonality that people get divorced. The point being that when you maintain separate anything it drives a wedge into the relationship. Before you spout off and point fingers. My wife has access to most of the accounts. The level of trust exceeds 7 figures.

The issue with taking it and then having to say I'll pay it back doesn't sound like much of a marriage to begin with. Hudson, if your wife took an extra 20.00 would you demand she pay it back? I wonder how you would perform as a lab rat. Lets stick a couple mil in your account and give you the option of either letting your wife have complete access or keeping it all a secret. Which way would you go?

The story is missing a lot of details. For one. She was living in NY and he is in NC prior to meeting. How long was the courtship? How long until the money disappeared? When was the house listed? When did it sell?

Does it stand to reason that a person is going to marry someone prior to the house being sold in another country with the hopes of getting access to that money in the future? With no guarantee it will be sold. Or for that matter even being put on the market to begin with?

A bit far fetched. Especially for such a small amount. 50K isn't enough to concoct such an elaborate scheme with a potential time line of years to accomplish.

Concerning the theft, if it is. The bank is probably off the hook. They won't return it since the log in and so forth was done correctly. Assuming he had the password. Even if the police find spyware on your box it doesn't guarantee anything. More than likely no charges will be filed since the defense will be you gave him the password, it was on the community home computer, and the transfer was legit. It could be said the plan was to pay off his other obligation quickly to avoid additional interest charges. Both sides could be argued with equal credibility.

This will probably be settled in the divorce proceedings. Even then, the same argument can be used saying it was used to reduce current interest payments. </div></BLOCKQUOTE>

I ;ived in Ny before we moved to NC where he is from. The house was sold a couple of mos after we were married.He has been to my country and he saw my lifestyle there. Courtship? 6 mos
50K is not a lot? fo me it is, the assault occured when I demanded he return my $ and when I found out he use it to payy off his ex wife home. My parents gave him $ gifts when we got married he paid off his ex wife student loan with that.
How about that?

Nice USC -

[newyorkr]

He has a townhome and it owed 10k - he paid that off and yes He knew it will be sold before I leave for the usa.what do u mean a court order for those things? U mean the house he paid off and her student loans? There was no court order fo that if that what u mean.. He was seeing her when he was with me. I learned that lately.She makes 1200 a mo and they have a 10 yr old son. I am surprised she did not ask for alimony or child support and when we were in the interview I the first time I saw his divorce papers they were divorced 2 weeks prior to our wedding date.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
In all practicality, 50k isn't that much. Got a story along these lines but can't publicly say just yet.

Its very doubtful he married you to get his hands on that. Especially given the fact it wasn't sold yet. And that most people are aware of separate property rights prior to the nuptials. You mentioned earlier something about his rentals? He has other property? Unless he was dirt poor and 50k was like an immense treasure in his eyes, I doubt it.

Concerning the other money. Was there a court order he was bound to for those things? And you had no idea of those prior obligations?

The story paints itself to imply the X was in on it. Again, a stretch. For a women to allow her husband to do his husbandly duty elsewhere for a small amount of money over a period of a year or two is extreme. If anything. There might have been a behind the scenes reconciliation at some point and he took advantage of you. A tell tail sign might be what was the financial picture with his X while they were together. Was she better off than he? </div></BLOCKQUOTE>
don't be so simplistic Davdah.

Even while married, if spouses have assets in separate names, it is separate property under the law. What the husband did in essence was stealing. it was not a gift, it was not a loan, but stole the money from her. Being married just puts a twist to the situation, nothing more.

As far as the X is concerned, I was the one that stated maybe the police should arrest the X as an accessory. If the X knew about the situation and what he did, and knew that it was illegal, she could get into serious trouble, legally. But I was suggesting it merely as a police tactic to place pressure for the husband. i don't think her interest in him will extend beyond going to jail and maybe losing part of that home to another person. But unless the OP wins either in a criminal or civil case, there would be no way for her to recuperate the money.

Court orders involving divorce usually indicate that the obligation be paid by separate property, ie salary, pensions, annuities, equity of homes under the person responsible for the payment. And since the state is not community property, it simplifies which property can be taken. But since there was no court order, then the money transfer from one spouse to the other would be technically be a gift.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
It may be common that people keep separate accounts. It is with the same commonality that people get divorced. The point being that when you maintain separate anything it drives a wedge into the relationship. Before you spout off and point fingers. My wife has access to most of the accounts. The level of trust exceeds 7 figures. </div></BLOCKQUOTE>
Again Davdah, you missed the point. Whether a couple have separate bank accounts are not is not indicative to divorce or trust. Legal factors as well as personal factors have a lot to do with if separate bank accounts are maintained. I know of a couple married for 25 years who have separate bank accounts. Even in your own statement, some bank accounts are maintained with only one spouse having access.

As far as figures go, just because she may have access to the bank account, she may not be privy or direct access to the account (And no I am not talking about POD or similar arrangements either). Again, your statement is for form than substance.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> The issue with taking it and then having to say I'll pay it back doesn't sound like much of a marriage to begin with. Hudson, if your wife took an extra 20.00 would you demand she pay it back? I wonder how you would perform as a lab rat. Lets stick a couple mil in your account and give you the option of either letting your wife have complete access or keeping it all a secret. Which way would you go? </div></BLOCKQUOTE>
Well, duh Davdah, but I was not the one who stated, <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Well, can you blame the husband for not wanting to share anymore either? </div></BLOCKQUOTE>

Again, if my wife took money out of my account, I would want an explanation. However, since she is of a character that will not do any sort of thing (not to mention myself), having separate or joint accounts is rather a moot point. Right?

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> The story is missing a lot of details. For one. She was living in NY and he is in NC prior to meeting. How long was the courtship? How long until the money disappeared? When was the house listed? When did it sell? </div></BLOCKQUOTE>
Knowing how long the courtship really does not indicated anything Davdah. I knew a couple courted 10 years. However, the spouse was a major embezzler while leaving $130k in back taxes from business returns (Single member S Corp) did not do much good for the other spouse. You see, they filed a joint return. The good news is that the "innocent spouse" finally won her case in U.S. Tax court and is now free of 90% of the IRS debt )the part that she legally owed). And I know a couple who date and married in 6 weeks and they are still happily married. They also happen to be the same couple who have separate bank accounts that I told you about. Again, facts and circumstances play an important part here and the question about how long the courtship really does not indicate one's perspective or influence over the other person.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Does it stand to reason that a person is going to marry someone prior to the house being sold in another country with the hopes of getting access to that money in the future? With no guarantee it will be sold. Or for that matter even being put on the market to begin with? </div></BLOCKQUOTE>
Again, you really have no clue. What she did is very common if she intended to leave in the U.S. as an immigrant spouse. In many cases, immigration attorneys and USCIS will encourage immigrant spouses to cut off ties that could indicate a non intent to immigrate. I know several dozen spouses, some female and some male, who have sold, transferred, or exchanged a foreign asset wit ha U.S. asset to prove immigration intent (and we are not talking about business or income producing property).

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> A bit far fetched. Especially for such a small amount. 50K isn't enough to concoct such an elaborate scheme with a potential time line of years to accomplish. </div></BLOCKQUOTE>
Not really Davdah. It is quite common. In most cases, the money cannot be recoveed. If she wins the divorce under her terms, a lien will be placed on the property. What some individuals try to do is cash in on the equity before the lien could be placed. I have seen it done even with delapadated homes or smaller bank accounts.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Concerning the theft, if it is. The bank is probably off the hook. They won't return it since the log in and so forth was done correctly. Assuming he had the password. Even if the police find spyware on your box it doesn't guarantee anything. More than likely no charges will be filed since the defense will be you gave him the password, it was on the community home computer, and the transfer was legit. It could be said the plan was to pay off his other obligation quickly to avoid additional interest charges. Both sides could be argued with equal credibility. </div></BLOCKQUOTE>
As I stated, the bank is more likely an innocent by standard if proper disclosure laws were followed. However, spy ware can indicate how the perpetrator used the information, not to mention, the IP address. In the transfer monetary reports, the detectives can locate the exact time and place where the transfer took place. If the OP is at a different place where the transfer took place, we would eliminate the OP having any knowledge or committed the transaction.

However, even if we used your precept to pay off interest charges, the questions would be, why did you not get a loan or sell one of the other properties that has equity. In other words, it still does not answer the question why the husband took the type of actions, ie not telling the wife, not being upfront and honest from the very beginning, etc. Again, your stipulation would cause even more questions to be answered.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">This will probably be settled in the divorce proceedings. Even then, the same argument can be used saying it was used to reduce current interest payments. </div></BLOCKQUOTE>
It depends, Divorce would settle the equity. Criminal court would settle whether a crime took place. Either court could influence the other in the decision process.

[newyorkr]

Thank You for all the replies , advices, ideas, I am so glad I saw this site. I will keep you all posted nxt week will be my court hearings for the assault and the PO he got one for me. Btw have I mentioned he called the sheriff on me for breaking and Entering.. Last July I went to his apt he planned to meet me there that day .. I called him on the way and he said he was on the way.. wait for me.. just come like 10 to 20 mins later the sherriff came and escorted me to leave the property.. I was in shock and that was trhe beginning of my doubts , everything went crashing down.. But because I was stupid, and loved him so much I let it go,,, My neighbors keep telling me hes no good,, His reason for doing that was his ex was on her way to that apt he didnt know she was going there too,, So he had to call the sheriff so I will leave duh!!

I was not arrested but he I gity the police report and says case close no damge nothing was stolen etc... But the day before I would meet him at the court last 2 weeks ago for PO he had me arrested the sheriff came to the house and told me i have a warrant for your arrest for B&E .. again its the state against me.. He had me in 10K bail at 8pm .. I was able to make bail and was able to be in court at 8:30 that day
I was thinking he wanted me to be in jail and not make my court appearance and he gets the PO do you think?
Ill keep u all guys posted

Thanks

[SonofMichael]

Some grass hut in Southeast Asia is worth $50K? LOL !!! What a scam artist. Who are you trying to kid? You never had $50K in your life. We are quite experienced with dealing with scam artists here.

[newyorkr]

She signed an affidavit or whatever you call that, they were separated for a yr .. and just want out of the marriage.. That I found out coz I asked him about .. how he did it... she made an afidavit ...
I know he used me and had a plan he was in my country and he saw what my parents and what I had ,,, I know for you 50k is nothing for us its my inheretance..plus he could have gotten more .. but he assaulted me and Po against me . Easy to sell property back home we dont have to gop to real estate your own family relatives wiol buy it.. We dont want our lands to go to any stranger.. especially we are close knot family

[newyorkr]

Yes He paid it the same month he took the $. I know his mortgage co.My lawyer is doing a paper trail
I hope the DA will nail him down for the assault. he says hell say I falsely accused him.

Then a wk later we will have the spousal support thats why I want to base it on my I-864 ..I just had my first credit card. Payments where debited form our joint bank acct but he closed it.. Now im delayed plus checks were returned because he closed it. I dont want to mess my credit..

[swissnut]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
One more thing, you came on a fiancee visa, so you cannot remarry another usc without first returning to your homeland. It is important for you to get your 10yrs card. </div></BLOCKQUOTE>

I don't believe this is true, but I do agree that it is important that she get conditions removed from her green card. The terms of the K-1 visa were satisfied when she married the petitioner and filed the initial adjustment of status application, which was approved with "conditions".

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Let me make this perfectly clear. Having access means being able to withdraw, transfer, spend, fold, spindle, or mutilate money. The only time I can see for not granting joint access is to protect it from third parties, like the IRS. </div></BLOCKQUOTE>
I understand what you are saying Davdah, but that is not what I was stating at all. Again, one can have a name placed on the bank account but still do not have access. The reason: one spouse control the spending, the deposits, the account, etc without sharing the information with the other spouse. Anf from another point of view, one can have access even though the name is not on the account. It is called "power of attorney" or similar legal documents. And again, just because your wife's name is on the account does not exactly mean she has access.

However, trust does not necessarily reflect whether one has a joint bank account or not. It may be convenient, but other factors can persit, not necessarily the IRS or the Franchise Tax Board.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Exactly! No need since no trust issue. "And the two shall become one." I don't remember seeing any disclaimers with that statement. But again I ask. If you had a million dollar check handed to you. Would you be tempted? </div></BLOCKQUOTE>
To be most emphatic, no I will not be tempted, even a little nor would the thought come to mind. What we would do is 10$ is tithed while the remaining is split up accordingly with some going as gifts to family member and some close friends. Some would pay off any debt that either of us owe and the remaining amount would be invested wisely and diversely. But at the same time, I do not go looking for the million dollar check either. If it happens, it happens.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hudson, no support order is going to define where those funds may come from. That would be foolish to agree to any such restriction. </div></BLOCKQUOTE>
Actually, QDRO's do this Davdah. and any back money owed only comes from assets owned or has an interest in from the person responsible. That is why it is important, in some cases, to have seperate assets rather than joint.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">In so far as the 50K amount. Its not that much compared to other thefts. And unless the local PD doesn't have a lot to do don't expect results for many months. And, more than likely, it will be put on hold until the divorce is final. The police will look at it from the perspective that if there is no loss, there is no case. The most probable outcome is a judgment for the amount taken, maybe. And his X getting in trouble, not much of a chance. If the transfer was done on Newyorkers computer the X won't be liable. And surely no one is going to admit to that anyhow, even if true. Where he got the money from isn't her obligation to know. You would have to prove conspiracy, very difficult. </div></BLOCKQUOTE>
Just because it is 50k does mot make it immpossible nor is the fact that if the stolen moeny was 500k, based on the same facts, it would be more possible. Police build their cases, not on dollar amounts, but on actual evidence to the crime. And even though resources are limited, it is not that limited either. It just depends on those nasty facts and circumstances you just ignore every time while going with the blatantly obvious.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">To imply this was a scheme cooked up from the beginning is too far fetched. Maybe for 500k or more, plausible. But not for 50k. Too small an amount. </div></BLOCKQUOTE>
I never said from the beginning Davdah. The monemt she knows that the money was obtained suspiciously is the moment she becomes the suspect. It could be two weeks after the event occurs or it could be one week prior. And a conversation is all it takes.

Given the fact that he suddenly paid it off, it would depend on what the husband told her. And I don't think the "I just made a great deal" is not going to work either. But the detectives would need a smudge of evidence to place pressure on her. Undoubtedly, she has been or will be interviewed by the police. If she is hesitant, uncooperative, or unwilling, she then becomes a suspect. All I did was just suggested it as a tactic for the police to use, nothing else.