Q: We both have been seeing a mediator attorney to draft a settlement agreement since Feb. In May, she moved about $65,000 via Electronic Fund Transfer, she admitted, to her family. I do not approve of this. She is also paying for future college costs (her college) in advance. She currently controls much more money than I do. Do I have a case to sue to get that back (or a credit for it in splitting the assets) if she refuses to agree to it in the agreement, understanding that it might mean going the Lawyer route instead of mediation?
A: David's Answer: If she transferred those funds from a joint account and/or the funds were clearly marital funds, then yes, you should get a credit. That said, if it's not in the agreement, don't sign it - see an attorney first. Call a NYC Divorce attorney to schedule a consult for a full assessment.- David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)