I recognize that the burden of proof alleging the dissipation of marital assets is carried by the party making the allegation. I have gone over what I believe are the relevant cases. During discovery, it becomes evident that one party has been making multiple systematic monthly ATM cash withdrawals over at least the last three years from his personal checking account amounting to approximately $14K per year, which is substantial given the respective salaries of the parties. The second party had no knowledge of the withdrawals. There is no obvious dedication of the funds other than a defense that it was used for lunch. Is there a case that addresses when the burden of proof shifts to the party expending the marital asset to explain the disposition of same? No allegation of paramour, gambling or CDS. Independent undisclosed checking account?
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Thomas Hynes Esq.
Attorney
Maywood NJ
(201)843-4344
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