Is this legal?

[bootymac]

Originally posted by: Heisenberg
If it were a stranger then it'd obviously be illegal. Don't know what the law says about people who are married though. Seems to me it shouldn't be any different, IANAL.

You anal? :Q

 

[Yossarian]

wow, who gives a fvck.

 

[acemcmac]

hahahahahahhaahahahhaahaa

sounds like nightmare let his wife see the thread with some assiniine comment like "well, dur, they all say its illegal"

have fun in divorce court... oh and glbyte, grow up

 

[Feldenak]

Wow, this should be interesting reading pretty soon.

 

[AlienCraft]

Originally posted by: glbyte

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)

I know ALL this and I am not the wife.

Nor are you an attorney, from the sounds of it.

For your information, North Carolina is NOT a Community Property State.
Regardless of your feelings towrds Nitemare, taking money under those circumstances was not within the proper boundaries of behavior.
From http://www.cst.net/paralegal/NCarolin.htm

How are marital debts divided in a divorce in North Carolina?

Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.

Does North Carolina have Alimony?

Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or the award of some property.

Adultery as the cause of the parties' separation defeats a claim for alimony in North Carolina. Other mitigating factors such as the ability to earn, high marital debts to be paid etc. may serve to make alimony unrealistic.

 

[Veramocor]

Originally posted by: Feldenak
Wow, this should be interesting reading pretty soon.

I predict instead of the thread being interesting you'll just have streams of people saying "This thread is going to be interesting."

Also someone will use the :beer: symbol most likely

 

[sharkeeper]

Didn't (the OP) have an auction for some ugly ass pen on ebay a while ago?

Cheers!

 

[Antisocial Virge]

Originally posted by: glbyte
which part??????

Just to give you some background on Anandtech works. People respond without reading the threads. Expect lots of responses from people who have not read your side of the story. My advice is not to worry about what people here at Anandtech think about the situation since in the end what they think is going to have zero impact on the outcome of the situation you're dealing with.

 

[cliftonite]

Originally posted by: OulOat

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.

Uh oh

Hmm this sounds like luvly or alkemyst (didnt he get banned?)

 

[Cable God]

wow, just wow. Going to get the beer and popcorn for this one. This has springer written all over it.

 

[Chronoshock]

[al pacino] you just cost me six thousand dollars [/al pacino]

 

[Cable God]

Originally posted by: Chronoshock
[al pacino] you just cost me six thousand dollars [/al pacino]

hahahaha, I was thinking the SAME thing!

 

[StageLeft]

You know, this is the exact reason why people kill people. I really feel for you with this.

*Only read the OP*

 

[ViRGE]

Originally posted by: cliftonite

Originally posted by: OulOat

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.

Uh oh

Hmm this sounds like luvly or alkemyst (didnt he get banned?)

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?

 

[tranquilflow]

my sympathy

 

[tm37]

Gilbyte,

You should have registered under the name DAYDREAM when you registered

 

[DrPizza]

Originally posted by: AlienCraft

Originally posted by: glbyte

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)

I know ALL this and I am not the wife.

Nor are you an attorney, from the sounds of it.

For your information, North Carolina is NOT a Community Property State.
Regardless of your feelings towrds Nitemare, taking money under those circumstances was not within the proper boundaries of behavior.
From http://www.cst.net/paralegal/NCarolin.htm

How are marital debts divided in a divorce in North Carolina?

Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.

Does North Carolina have Alimony?

Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or the award of some property.

Adultery as the cause of the parties' separation defeats a claim for alimony in North Carolina. Other mitigating factors such as the ability to earn, high marital debts to be paid etc. may serve to make alimony unrealistic.

What are you talking about?
Neither of you are lawyers... and apparently, other than the ability to cut and paste, your reading comprehension sucks. I checked another site, then double checked that page to see why it was different (and it wasn't!).

North Carolina is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce.

Read that a couple of times... what they gain during marriage, (with a few exceptions) is both of theirs. They're still married, the pay was earned while they were married... it's both of theirs. Period.

It's sad that so many 14-20 year olds in this forum without much experience in the real world felt compelled to jump on one side or the other. Furthermore, I'd bet that a majority of employers, regardless of the letter of the law (which none of us is sure of), would treat a spouse in the same manner - providing all sorts of information if it's asked for. All 3 of my employers since I've been married have done whatever my wife wanted them to do. And, I have no problem with that. I've also picked up my wife's paycheck a few times before she had direct deposit. So, make that 4 employers: a hospital, a public school, a not-for-profit organization, and a restaurant.

Let me toss out this scenario for you brilliant lawyers on ATOT: Husband is in an accident and is on life support. Now, apparently you all think it's illegal for the wife of that husband to: get his paycheck and deposit it into their joint account. Get his workman's comp checks or disability checks and deposit them in their joint account. Use that money to pay bills (or buy a dress, or whatever she wants to do)... Or, does the alleged "law" cease applying once the spouse in unconscious??

 

[wischeez]

:thumbsup: for DrPizza............

 

[Perknose]

First thing I noticed. Nitemare says in the OP he started up a (new) INDIVIDUAL account in which to deposit his payroll check and shelter it from his wife.

glbyte say the account is a joint account.

Right there, either Nitemare lied or glbyte was lied to by Nitemare's wife, or is lying.

If the account is indeed a joint one, then once the check is depostied, there is no further legal issue here, she is free to make withdrawals of ANY amount.

If the account is indeed Nitemare's alone, then there is no legal way for his wife to take money from it without a prior court order, no matter what the divorce/marriage laws are in North Carolina.

 

[AlienCraft]

Originally posted by: DrPizza


What are you talking about?
Neither of you are lawyers... and apparently, other than the ability to cut and paste, your reading comprehension sucks. I checked another site, then double checked that page to see why it was different (and it wasn't!).

North Carolina is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce.

Read that a couple of times... what they gain during marriage, (with a few exceptions) is both of theirs. They're still married, the pay was earned while they were married... it's both of theirs. Period.

It's sad that so many 14-20 year olds in this forum without much experience in the real world felt compelled to jump on one side or the other. Furthermore, I'd bet that a majority of employers, regardless of the letter of the law (which none of us is sure of), would treat a spouse in the same manner - providing all sorts of information if it's asked for. All 3 of my employers since I've been married have done whatever my wife wanted them to do. And, I have no problem with that. I've also picked up my wife's paycheck a few times before she had direct deposit. So, make that 4 employers: a hospital, a public school, a not-for-profit organization, and a restaurant.

Let me toss out this scenario for you brilliant lawyers on ATOT: Husband is in an accident and is on life support. Now, apparently you all think it's illegal for the wife of that husband to: get his paycheck and deposit it into their joint account. Get his workman's comp checks or disability checks and deposit them in their joint account. Use that money to pay bills (or buy a dress, or whatever she wants to do)... Or, does the alleged "law" cease applying once the spouse in unconscious??

Well, Doctor, and I use the term loosely, I am not just 20 and probably have had a bit more experience dealing with divorces , though not my own, than most here. The issue is intent. I pray that your wife stays as innocuous as you would like to make all women out to be. The fact is they are not when they get it in their mind to do you wrong.
Since they were separated at the time, the wife's actions are sub-legal. Perhaps NOT completely illegal, but still designed to cause him financial distress.
The proper thing for her to do was to have had HER LAWYER request the funds for the rent (if that's what it was really for) rather than obtain HIS ENTIRE paycheck through subterfuge and without his knowledge. That is the key point right there.
Since he had taken the time and effort to CHANGE the ACCOUNT and method of payment, it was obvious that he did not intend to allow her to have control over those funds. The Joint account is still open and he is waiting for outstanding checks to clear, which is the proper sequence of events.

I never said he was a saint, but it is HIS money until a judge decides differently. Note that the site I linked to and the section I cut and pasted staes that PROPERTY, not wages, is divisible. The two are completely separate. That is why there are ALIMONY and PROPERTY statutes.
You may think my reading comprehension sucks (it doesn't, by the way) but I think your ability to deduce leaves a lot to be desired. However, your ability to construct an irrelevant event out of thin air is magnificient. A life threatening event is one thing, a divorce is something else. One requires one to act in a humane manner, the other is watch out for your assets.
Nice try though.

 

[ViRGE]

Originally posted by: Perknose
First thing I noticed. Nitemare says in the OP he started up a (new) INDIVIDUAL account in which to deposit his payroll check and shelter it from his wife.

glbyte say the account is a joint account.

Right there, either Nitemare lied or glbyte was lied to by Nitemare's wife, or is lying.

If the account is indeed a joint one, then once the check is depostied, there is no further legal issue here, she is free to make withdrawals of ANY amount.

If the account is indeed Nitemare's alone, then there is no legal way for his wife to take money from it without a prior court order, no matter what the divorce/marriage laws are in North Carolina.

There are two accounts, Nightmare's original joint account, and the new account he created for himself.

 

[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...

 

[DrPizza]

Originally posted by: AlienCraft
Well, Doctor, and I use the term loosely, I am not just 20 and probably have had a bit more experience dealing with divorces , though not my own, than most here. The issue is intent. I pray that your wife stays as innocuous as you would like to make all women out to be. The fact is they are not when they get it in their mind to do you wrong.
Since they were separated at the time, the wife's actions are sub-legal. Perhaps NOT completely illegal, but still designed to cause him financial distress.
The proper thing for her to do was to have had HER LAWYER request the funds for the rent (if that's what it was really for) rather than obtain HIS ENTIRE paycheck through subterfuge and without his knowledge. That is the key point right there.
Since he had taken the time and effort to CHANGE the ACCOUNT and method of payment, it was obvious that he did not intend to allow her to have control over those funds. The Joint account is still open and he is waiting for outstanding checks to clear, which is the proper sequence of events.

I never said he was a saint, but it is HIS money until a judge decides differently. Note that the site I linked to and the section I cut and pasted staes that PROPERTY, not wages, is divisible. The two are completely separate. That is why there are ALIMONY and PROPERTY statutes.
You may think my reading comprehension sucks (it doesn't, by the way) but I think your ability to deduce leaves a lot to be desired. However, your ability to construct an irrelevant event out of thin air is magnificient. A life threatening event is one thing, a divorce is something else. One requires one to act in a humane manner, the other is watch out for your assets.
Nice try though.

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


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)

 

[fatkorean]

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

AFIK that isn't true. Even if they are married, they can still get a legal seperation, which from that moment, everything financial is seperated.

So it all depends on if they are legally seperated or just in the process of being seperated.

-fk

 

[Mill]

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