Is there a way that I can get money back that was taken by my husband? 1 Answers as of February 15, 2011My husband of 16 years of marriage, 3 children, and 1 stepchild walked out on his family 3 to 4 days before I was admitted into the hospital. I was there for over 3 months (so at the time of my hospital stay he already left the home) I believe we were 2 months behind on our mortgage. When I was in the hospital we had a joint account and I had an account in just my name he cleaned out both accounts stating he needed the money for the children. Meanwhile he never made a mortgage payment. I never called in sick from my job so I got full pay for almost the whole time I was out. He spent every penny and did not pay the mortgage, it has been almost 2 years and all he does is pay $300.00 a month for the youngest of our children to go to school. (I pay for child care, food, clothes and all household expenses) Our oldest is in college (that I pay) and on occasion he puts $30.00 in her account. She is home on weekends, holidays and summer break and does not contribute to her or her two siblings. We are finally going to court this week for child support. I do make around $20,000 more than him a year. He took a hardship from his job and his pay decreased. Is there any way to get this money back? I worked for 13 years without calling in sick to get that sick time. One more thing, the day after I was admitted in the hospital he went away for the weekend with my money. I have the records from the bank. It just does not seem fair that I am losing my house and he stole all of my money. Please help.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It appears that your husband abused your trust at the worst possible time - when you were too ill to notice. Since the courts in which divorces are heard are courts of equity (meaning fairness) you should have the perfect opportunity to demand the money he stole from him and the court should give you at least half of it back or more. I say half because in equitable distribution situations, half of what each of you earn during the marriage is attributable to the other person. However, since he failed and refused to pay the mortgage and refuses to pay any more than a pitance for child support, it would seem that the Court would likely award you more than half and perhaps award you everything he stole from you while you were incapacitated. I suggest you consult with an experienced matrimonial lawyer and gather all your evidence of his thefts and go over them with the lawyer and then sue for divorce and seek the money stolen out of the house and elsewhere, like his pension plan and 401K plan, if any exists.
Answer Applies to: New York