Can my soon to be ex wife sue me in small claims?

This is a family court matter. If you are not yet divorced, then the court will need to consider all of the above when it considers property division and debt allocation if you don't otherwise reach an agreement that is approved by the court. If you have already reached an agreement that became a judgment or went to a trial where the judge issued a judgment, then those documents should clearly explain the obligations of each party. If either of you believe that the agreement/judgment is not being followed, then the proper thing to do is file a contempt complaint with the family court and not with the small claims court. The timing of when your ex drained the joint account is very important here because an automatic restraining order exists on all marital property as of the time that either party was served with the summons and complaint for divorce. If you used the tax return money to pay what could be considered marital debt, you are well within your rights. It sounds like this could get nasty so I strongly advise that you retain the services of a family law attorney to help promote your interests.

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This is absolutely an issue for the family and probate court, but it sounds like nobody has filed yet. It may not be possible to undo the damage that has been done, but in order to get control of things, you really need to file for divorce. I'm sorry this is happening. You just need a lawyer.

I agree with the counsel provided to you here. It is important that you speak with a family law or divorce attorney about your situation. If you choose to file for divorce, your spouse will be subjected to a financial restraining order once served with the complaint and summons. If she tries to continue sending your money to her children from a previous marriage she will be in violation of that financial restraining order (once she is served as I stated above). You also have a good argument in the division of assets to receive a portion of the money she has been giving to her children from the previous marriage. If there are any assets to be divided, the court may account for that money and award you a bigger share of the assets. A divorce attorney will be able to help you prove what you are alleging and give you your best chance for an award in your favor. If the cost of an attorney is a concern to you, you can consider hiring a Limited Assistance Representation (LAR) attorney. These LAR certified attorneys can help you in the process of your divorce, but their representation will be limited to a specific task. For example they can be hired to coach you through the process, or draft specific documents, or appear at a specific hearing for you. You may find that you can save money by doing this, but it is always advisable to hire a full time attorney who knows all the details of your case. Very truly yours, Chris www.finnandeaton.com