The lease was signed by both of us and bonus check deposited in joint acct. We are now separated and he has taken every penny of bonus check. I have child support court date coming up I can prove that me and the kids have not profited in anyway from this income. Do I take the income and report it to judge or is it pointless.
Ms. Simpson, the bonus money should be considered ordinary income. Royalty income will fluctuate and decline. I don't think people should be in court setting child support monthly but I think the royalty income should be considered.
Nikki,
If the lease was signed jointly, wouldn't the royalty checks be endorsed to both of you? We have no royalty checks so I don't know. If they're endorsed to both of you, and you're no longer on the joint bank account, wouldn't he be required to get your signature on the checks?
I'd look into it, and let the bank know you're not OK with that check being deposited into that former joint acct.
Good Luck,
Susan
I made the mistake of signing the check as long as he deposited in the joint. As soon as it cleared he transferred all funds to his acct. Now I’m left with no legal rights no money to obtain a lawyer. The only thing I could think of was to take bank statements and show judge he has 25k unreported income in hopes i’d get a very small portion back as child support order.
Nikki,
I am not a lawyer, am new to this forum, and have not gone through this type issue. I would suggest getting a copy of the front and back of the deposited check from your bank, since you were both on the the account also get a copy of the withdraw slip or check written removing the funds, have them notarized or certified by the bank. Then contact the oil firm requesting copies of the front and back of any deposited check/s to your lease, ask for any change in the payee status, address and other payments made, if you are signatory to the lease, there are also tax implications on this issue. These matters should be addressed to a lawyer, but as they request a retainer I sympathize with your situation. As stated, I'm not a lawyer or accountant, but do know how to start a paper trail and its always a good beginning. Remember, you didn't make a mistake signing the check, he made a mistake, breaking the trust and vow you held in him.
Best of luck , John