Whittaker, MI Divorce Law Firms & Lawyers

No, but you need to stop this right away and get an attorney. Even if you don't have a joint account you are entitled to part of the marital assets. The fact that she is transferring is worrisome and you might have to ask for a forensic accounting of her account. Take action in court right away.

From what you said: He should not pay her anything except what the court specifically ordered him to pay ..until she agrees to settle the property distribution and finalize the divorce. So he should not give her the check without the divorce papers being signed FIRST... what he may want to do is to give a check to his attorney to hold in trust until after a hearing to finalize the divorce on the record after which the Judge will sign the consent decree of divorce. BTW His child support should have been calculated pursuant to the Michigan Child Support Prognosticator this is a computerized calculation that decides what child support is due (depending upon various factors primarily the # of dependents, the $$ each makes, the # of overnights each has the children). This calculation actually sets out how to pay for the "extras" like the braces and miscellaneous extra ordinary expenses (normal expenses are assumed to be included in the child support) If the above does not work.. he should really consider finding another attorney.

First things first: you would really benefit from retaining a skilled family law attorney. He or she can answer all of your questions, and will have the chance to review all the relevant facts with you and relieve a good deal of anxiety. That said, the temporary but exclusive use of items of property if there is any dispute or chance of one is usually resolved at a Temporary Order hearing which is usually held two or three weeks after the case is filed. Without such an Order, all you have to rely on to protect your property is whatever automatic stay is provided just by filing and serving the divorce papers, which is not much regarded. If you live in Wisconsin or another marital (=community) property state, he has an equal right to all marital property until a Court issues its orders. So you benefit by promptly retaining a lawyer and having him or her draft and serve a Motion or Order to Show Cause promptly.