My ex-wife has removed several thousand dollars from our child’s state college fund. My ex was the only person listed on the fund, which was created prior to their divorce.
Both of us forgot to include this fund in our Property Statement when we divorced. Do I have any recourse against her for withdrawing this money from the college fund?
In Missouri, where I practice, before a divorce can be finalized, both parties are required to fill out a Statement of Property form. This form must be completed, because the court wants each party to be fully aware of all property, assets and debts that could possibly be considered marital.
The situation you described indicates that both parties knew about the asset, in this case a college fund, but failed to list the asset as part of their Property Statement. If something is not listed, then it was more than likely not divided.
I’m sure if you reviewed your judgment and Marital Settlement Agreement there probably is no mention of the college fund.
If something is left out of a Marital Settlement Agreement, you would need to file a Motion to Amend the Judgment to include the additional asset. Of course, you would also need to modify your Marital Settlement Agreement to reflect how you want to divide up that asset.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers nationwide if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.