Is this legal?

[SilentZero]

Originally posted by: Mill
glbyte's post reeks of a woman. There's simply no way that post wasn't made by a female.

Agreed! I can feel the greed from here.

 

[IamElectro]

Just my 2 cents

A little over a year ago when my mom and stepfather went through a divorce. My stepfather had an individual account that had a substantial sum of money in it and my mother was unable to obtain any of those funds as cash. They each had a individual account at different banks and a joint account that bills were paid from. The judge saw it as an agreement that the money in the individual accounts belonged to that individual. It did work out for her because he had to pay her attorney fees and moving expenses.

I must be honest though something does not sound quite right with the story the OP told us. I do feel that what Minendo and DrPizza posted are close to the correct answers for the situation.

 

[IHateMyJob2004]

Umm, how is she cashing it if you don't sign it? it's a paper check after all. You can get her ass tossed in jail I'd guess.

But guess what. You are getting a dvorce. You're already broke. You just don't know it yet.

 

[DurocShark]

That's the problem. You two were married.

The law unfortunately is flexible when it comes to married couples and even extended family. It's VERY open to interpretation.

My grandmother-in-law kidnapped my son when he was a baby. Cops refused to arrest her when *I* found her because she's family.

:|

 

[MisfitsFiend]

UUGGHHH...ok, if the check was DEPOSITED into the JOINT account, it DID NOT have to be signed. When I worked for a bank, as long as the check was going into the same person's account as the check was written out to, no signature was needed. After the deposit, if it was still a joint account, she could take any money out of the account...just my .02...

 

[AlienCraft]

Originally posted by: Mill
glbyte's post reeks of a woman. There's simply no way that post wasn't made by a female.

yep. I can smell the estrogen through the monitor.

 

[Kelemvor]

I would go after your employer as she has no right to change how your paycheck is being deposited. Call your HR department and raise holy hell.

 

[AlienCraft]

Originally posted by: DrPizza Well, alien, and I also use the term loosely since you probably didn't come from another planet...

Well that hasn't been DISPROVEN ,either....

It is THEIR money until the judge decides differently, not HIS.. they're still married.

And, are you trying to say that the law says "a spouse may not pick up a paycheck, except in cases of life threatening events in which case one is required to act in a humane manner"???

Note, future wages aren't divisible. BUT, current wages are considered assets, which ARE the property of both. Although, Alimony and child support are based on what the expected future wages are, current standard of living, etc. Which is why rich basketball players get hit with million dollar alimony suits while the average person (obviously) doesn't have to pay such extravagant alimonies.

Seriously. How do you not know that. If one spouse wins the lottery and decides to divorce the other spouse the next day, those earnings are SPLIT... they're not just his. Money is considered property and all that is gained during the marriage is considered both of theirs (again, with certain exceptions such as an inheritance)

The big issue here is the joint account. Since he had redirected his paycheck to a private account, her actions were questionable when she approached his workplace and had the check re-directed back to the joint account. There might be mitigating factors in her favor such as minor children in the house, whether or not she is employed and if he had moved from the maritial home. If he hasn't filed for a legal separation, that moving out may be the critical point of contention.
If he had gone out and purchased a sports car, they would have to divide that, but typically ( and I'll be checking this out and getting back to this topic later), wages and property are treated separately in NON -COMMUNITY Property States.
Here's hoping you never learn about the intracacies of divorce law the hard way. :beer:

 

[gigapet]

cut the bitches head off.

 

[Ausm]

Originally posted by: Nitemare

Originally posted by: Aharami
seems like your ex is screwing you. screw her back... in a legal manner

Hell hath no fury like Nitemare pissed off...and to think I'm actually paying for all her utilities at the moment... :evil:

Get a Lawyer ASAP!


Fvcking lawyers


Ausm

 

[Red Dawn]

Originally posted by: ViRGE
That's the first thing that came to my mind too: who were you before you were banned. By the way, does the name "Ginger Lane" ring a bell to anyone?

No, should it?

 

[jjones]

It is not illegal what your wife has done. Good luck with your upcoming divorce.

 

[Shelly21]

Only thing I saw wrong is that she changed the way you're getting paid. Everything else is legal, however, you have to disregard all that if that first part is indeed illegal.

edit: wow..... i didn't know..... wow..... on-line porn eh......

 

[ElFenix]

Originally posted by: alexjohnson16
Just curious, I haven't read 100% of this thread, but if the spouse got an unendorsed check from Nitemare, than how was it deposited???

Every time I've ever gone to the bank with a check, whether it be payroll or personal, I've had to endorse...

i have never had a problem depositing an unendorsed check into the account of the person the check is written to. endorsement actually changes the nature of the check from being payable to only the person whose name is on the check to whoever has possession of the check, iirc.

 

[Ausm]

Originally posted by: ElFenix

Originally posted by: alexjohnson16
Just curious, I haven't read 100% of this thread, but if the spouse got an unendorsed check from Nitemare, than how was it deposited???

Every time I've ever gone to the bank with a check, whether it be payroll or personal, I've had to endorse...

i have never had a problem depositing an unendorsed check into the account of the person the check is written to. endorsement actually changes the nature of the check from being payable to only the person whose name is on the check to whoever has possession of the check, iirc.

You lost me after the first sentence

Ausm

 

[Syrch]

I'm no lawyer but damn that don't sound right at all.

 

[jjones]

Originally posted by: glbyte
Before all of you respond, the author (Nitemare) of this posting should have indicated ALL the facts first.

1. What lead Nitemare?s wife to deposit his paycheck & withdraw only October?s rent? Hmm, maybe it?s his continued threats of "cutting all financial" responsibilities and using that as a lever to his own advantage is simply "illegal" in a sense of the word.

2. The fact that the Nitemare wrote this simply tailor it to make him sound Angelic and to have you (the readers) respond makes me wonder why you would just ?bust? the wife for a one sided non complete partial fact. It?s incredible. Like all court decisions, you should gather ALL the facts.

3. As discussed with an attorney, the account it was deposited, which Nitemare failed to mention, is a JOINT account. Hmmm, have you all heard of ?community property?? The amount removed was *again, not mentioned by Nitemare* was the rent for October that was ALREADY promised to assure that his wife can have a place to stay until the lease ends. **Note...Nitemare also failed to mention that there was a verbal threat on his part saying, "you better be careful, or things may not be paid." (Prior to the entire situation)

4. Nitemare also failed to mention that the only shared vehicle that is used, he literally abandoned the wife at the credit union last Friday after taking her car keys an hour prior. Stranded to fend for herself in a place where she has NO family or NO real friends to not only find a way home, but also the lack of money that he chooses not to share would answer your questions of why not take a taxi or bus ride.

5. As far as work is concern, the one to blame, are several people. The company first for not instilling the NO INFO GIVEN UNLESS...That is just common sense that the payroll person failed to do. The wife identified herself as ?the wife of?? and information was given. You may ask, how do I know this? Simple, I was on the line when the payroll person failed to do their job. Again, what Nitemare failed to mention.

A. NO information was changed on any permanent basis meaning; the wife did NOT ask to change the rerouting on the check into any direct deposit?it was already a manual check for that pay period! Again, please get all the facts before you "Cut that bitch off." What was asked was ?will it being sent to the JOINT account?? The information freely given by this employee payroll person was her fault. NOT ONCE did this payroll employee ask for any type of identification verification whatsoever. No mention of a SSN or verification of a home address. NOTHING. So there was no deceit on the wife?s part. After the wife stated the concerns regarding when the check would physically be received by the husband, it was stated that although payday was on that Friday, he (Nitemare) would not physically obtain the check until that following Monday.

B. Now, failing to mention from Nitemare regarding this joint account situation was that there were other things in the account waiting for payment in which he had failed to mention to the wife that HE spent without HER knowledge. So to have OUTSTANDING OR BOUNCED checks, was not mentioned here. Again, obtain ALL info before you "Cut that bitch off"

C. Again, regarding this check, it is true that it did NOT have her name on it, but the deposit, again, failed to be mentioned. was into their JOINT ACCOUNT. Remember, the only funds removed were the promised rent in supporting her living condition for that following month. Had she had the desire to "rip him off", wouldn?t she had taken the entire payroll amount???? After the fact that she did let him know her intentions...a job he wanted her to hurry up and obtain...please explain to me what was to be gained of him driving to that temporary employment and him going there intentionally rolling down the windows and blasting music so she couldn?t work there anymore, yes, that very same job he wanted her to obtain in the first place? I just don?t get it. YES, these facts were sooooooooo conveniently left out and unlike many, I DO know the facts.

Oh yes...let me tell you more...Nitemare failed to inform all that his wife had been sick for quite awhile and agreed to support her as she tried to recover from her illness. It is a mold illness that if you or anyone here did any research is still new to the medical family and treatments have not all been successful.

He agreed to take up another job in March, in which as the stress increased, she asked for him to either quit, alleviate the hours and he said NO. Instead of discussing all concerns with her regarding their marriage, the finances or the emotions of how much the stress was hurting them, Nitemare turned to his online addiction and decides to confide to the many online women and perhaps gave the Angelic side of EVERYTHING. And now Nitemare is devoted to an online woman and states to his WIFE that he informs them of the fact he is still married. If he failed to mention the mere fact of the above subjects, DO YOU REALLY THINK HE DISCLOSED THAT INFORMATION IN TRUTH??? So not only is the wife trying to recover from being so ill from mold exposure, trying to find a job after being out for a while and trying to save a marriage in which she still tries to give all, she now has to deal with the fact that her husband is searching for any form of comfort or pity party from ANYONE, including people on this board.

So in general, to make Nitemare seem once again...Angelic, he HAD to leave OUT the crucial information listed to make it seem that the wife is being a bitch here. Every time that the facts are presented to Nitemare, he cowers away and refuses to deal with it then and there and should he find himself at fault, walking away is his only solution. I know ALL this and I am not the wife.

Well, I wasn't going to read all of this nonsense but curiosity and boredom got the better of me, and I feel I have to stick up for Nitemare on this post attempting to blast him and reveal "all the facts".

1) Statements made by Nitemare regarding cutting off financial responsibility are in no way illegal.

2) All of your "facts" are far from being biased and this is not a court of law, it's a friggin public forum on the internet.

3) Nitemare did in fact acknowledge it as being a joint account to which it was deposited.

4) Regarding Nitemare leaving the wife at the credit union, what does that have to do with any of this? I'm sure there are numerous grievances which Nitemare could bring up unrelated to the issue.

5, A, B, C) Most people agree that the company is likely at fault, although there is no legal recourse as it is common practice to conceed to the wishes of either spouse unless prior instruction or company policy establishes otherwise. This is in fact most of what Nitemare's original question is about.

5 B) Nitemare did in fact mention about outstanding checks needing to be covered in the joint account.

Who the fsck are you? You claim to give the "facts" and pointing to Nitemare's relationships with other people online, deriding him for it, accusing him of lying, yet his wife has obviously confided her one-sided story in you. Your whole post to clear up the matter with "facts" is one-sided, biased and very accusatory. Do I smell just the hint of hypocrisy? In fact, in reading through Nitemare's posts, he doesn't slam his wife at all or really say much of anything regarding the relationship between his wife and himself, yet you come in here and accuse him of being a liar. What the fsck is your problem? Are you her lover or just a neighborly busy-body? Take a hike and mind your own fscking business.

 

[Ogg]

Originally posted by: jjones

Who the fsck are you? You claim to give the "facts" and pointing to Nitemare's relationships with other people online, deriding him for it, accusing him of lying, yet his wife has obviously confided her one-sided story in you. Your whole post to clear up the matter with "facts" is one-sided, biased and very accusatory. Do I smell just the hint of hypocrisy? In fact, in reading through Nitemare's posts, he doesn't slam his wife at all or really say much of anything regarding the relationship between his wife and himself, yet you come in here and accuse him of being a liar. What the fsck is your problem? Are you her lover or just a neighborly busy-body? Take a hike and mind your own fscking business.

:Q
good work jj :thumbsup:


I'm the only one that thinks that glbyte is his wife?

 

[Hoober]

Originally posted by: gigapet
cut the bitches head off.

Man, I love this place. :evil:

 

[Geekbabe]

Who's got the popcorn ?

 

[woowoo]

Jerry, Jerry, Jerry
(Chants)

 

[waggy]

In all honesty i don't fully believe the OP or Gibyte.

I'm sure it is somewhere in the middle. Divorce's have a way of turning nice people into major a-holes.

But as others have posted It is not illegal on what she did. I think Drpizza was right on.

 

[Hammer]

1. dye your hair blond
2. withdraw $10000
3. buy a boat

 

[ArmchairAthlete]

Note to self: Stay away from gold digging b*tches, heh.

 

[Siva]

Now I'm no legal expert, but knowing its a joint account the only thing that seems remotely wrong is your employer releasing your check to her. Aside from that it was just shady and immoral for your wife to take that money. How could she be breaking the law by putting a check in your name into an account with your name on it?

Stone her anyway.

Good old fashioned fun.

Or maybe just get her stoned.

Have one last wild night of sex while high.

Yeah man.... get your money's worth!