My question involves criminal law for the state of: NY
Background :
I'm going to try to keep this brief unless asked specifics. March 2017 my wife was busted having an affair . She left that day and moved in with the boyfriend . we were married 13 years , together 20. We went to mediation and neither of us had a lawyer . She signed away everything to me . We did not have much but this included most importantly my pensions . Also a family car which had no equity , the house with basically no equity and all my belongings , she took hers . We have 3 children who I then became the residential / phyiscal custody parent . She got visitation . I asked for no child support but 30% of school/medical expensis . She got no spousal maintinence . By May of 2017 our divorce was granted by the supreme court .
Since that time , 5 months after the finalized divorce , she has changed her mind and I've been enduring a custody battle about to goto trial(family court) . She has retained a very good lawyer and I'm pro se . I have though , consulted with attorneys . But I have filed my motions and answers pro se . Her lawyer is also threatening to file with supreme court to reverse the order of divorce claiming its unconsenable . I have yet to be served with anything from supreme court and it may be a bluff . I then filed for child support which is a seperate matter of custody in NYS . We have one more attempt through court coming soon to mediate/settle custody and if not my next date is a pre trial conference where I will subpeona witnesses .
I give her the children above and beyond her visitation acess . Its my belief she is trying to get visitation close to 50/50 to become split phyiscal custody and as I make alot more than her , could be liable to pay her child support . I'm sick of court , its emotionally draining and consuming alot of time . I feel like im studing for the Barr exam . I now give her every other weekend and 2 days during week for 3 hours . I just want to co-parent and move on with my life but she has other intentions .
My Question :
She forged checks and stole my credit card while married. My saving and checking account is how we paid bills . I was the only person to contribute to the account and It was in my sole name . At some point she started handling the bills and I did give her acsess to the account . I believe that made it a joint account . BUT , for 6 months before she left she began writing checks to herself and forging my name on the checks .It totaled under 5k . She never produced her bank statements in mediation and I did not push for them .
She stole my credit card numbers (card in my name only) . She was buying things online almost daily and having them shipped to a different adress (her mothers vacant home). Thousands of dollars stolen , I obviously got new card numbers when I found out . I never persued any type of charges . I was happy to be devorcied and happy with my outcome .
I'd love to use this as a tool to stop litigation . My research shows statute of limitations of 5 years on this type of fraud so I'm within the time line . I believe I have enough evidence to prove it was fraud , the fact that she signed my name and could have easly just signed her own on the checks . and the fact that the purchases were hidden and shipped to another adress .
Basic question , is this fraud ?
Background :
I'm going to try to keep this brief unless asked specifics. March 2017 my wife was busted having an affair . She left that day and moved in with the boyfriend . we were married 13 years , together 20. We went to mediation and neither of us had a lawyer . She signed away everything to me . We did not have much but this included most importantly my pensions . Also a family car which had no equity , the house with basically no equity and all my belongings , she took hers . We have 3 children who I then became the residential / phyiscal custody parent . She got visitation . I asked for no child support but 30% of school/medical expensis . She got no spousal maintinence . By May of 2017 our divorce was granted by the supreme court .
Since that time , 5 months after the finalized divorce , she has changed her mind and I've been enduring a custody battle about to goto trial(family court) . She has retained a very good lawyer and I'm pro se . I have though , consulted with attorneys . But I have filed my motions and answers pro se . Her lawyer is also threatening to file with supreme court to reverse the order of divorce claiming its unconsenable . I have yet to be served with anything from supreme court and it may be a bluff . I then filed for child support which is a seperate matter of custody in NYS . We have one more attempt through court coming soon to mediate/settle custody and if not my next date is a pre trial conference where I will subpeona witnesses .
I give her the children above and beyond her visitation acess . Its my belief she is trying to get visitation close to 50/50 to become split phyiscal custody and as I make alot more than her , could be liable to pay her child support . I'm sick of court , its emotionally draining and consuming alot of time . I feel like im studing for the Barr exam . I now give her every other weekend and 2 days during week for 3 hours . I just want to co-parent and move on with my life but she has other intentions .
My Question :
She forged checks and stole my credit card while married. My saving and checking account is how we paid bills . I was the only person to contribute to the account and It was in my sole name . At some point she started handling the bills and I did give her acsess to the account . I believe that made it a joint account . BUT , for 6 months before she left she began writing checks to herself and forging my name on the checks .It totaled under 5k . She never produced her bank statements in mediation and I did not push for them .
She stole my credit card numbers (card in my name only) . She was buying things online almost daily and having them shipped to a different adress (her mothers vacant home). Thousands of dollars stolen , I obviously got new card numbers when I found out . I never persued any type of charges . I was happy to be devorcied and happy with my outcome .
I'd love to use this as a tool to stop litigation . My research shows statute of limitations of 5 years on this type of fraud so I'm within the time line . I believe I have enough evidence to prove it was fraud , the fact that she signed my name and could have easly just signed her own on the checks . and the fact that the purchases were hidden and shipped to another adress .
Basic question , is this fraud ?
Fraud: Wife Forged Checks and Stole Credit Card
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