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Can she "sue" me for old Tax Returns?

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I

InAPickle21

Junior Member
I Live in Illinois.
My soon to be ex- wife's lawyer called me and demanding I return/give her monies from our old federal tax returns for the last few years. Married since 2005.
We don't owe any money to the government/IRS or the state of Illinois.

He's also asking for my pay stubs from my job.
Is this at all legal??!?!?!!
Is he trying to figure out how much alimony she can get from me???

I filed as Head of Household, claimed her and her son (not mine biologically, never adopted him either) on our joint tax return, she worked cash jobs like baby sitting, housekeeping, etc.
Is this possible? Would I be required to "pay" her back.
We were and technically are still married, and have not lived together since November 2012.

Why would she demand this money from
me when we lived in a single household??

Should I be worried? Is her lawyer trying to pull a fast one on me? Or is this some kind of secret outside settlement before we proceed with the divorce??!

Please help!!! :eek:
 


Zigner

Zigner

Senior Member, Non-Attorney
Why did you file as Head of Household if you were married? One of the requirements for filing as Head of Household is to be unmarried...

You are likely due even more money back and your wife likely wants her share of that.
 
S

single317dad

Senior Member
Do not pay any money until/unless ordered by a court. Make any agreed payment part of the overall settlement of marital assets.
 
T

torimac

Member
If you filed married, jointly, she can just get copies of the past few years from the IRS. So either way, she will have access to the tax history.
 
I

InAPickle21

Junior Member
TinkerBelleLuvr said:
How is she currently supporting herself? You say that you two have not lived together since 2012.
Click to expand...
Correct. She now lives with her new boyfriend and her dad is also living there helping with rent, utilities. I doubt she is working right now, hence after this so called tax money I need to pay her "back".
 
LdiJ

LdiJ

Senior Member
InAPickle21 said:
I Live in Illinois.
My soon to be ex- wife's lawyer called me and demanding I return/give her monies from our old federal tax returns for the last few years. Married since 2005.
We don't owe any money to the government/IRS or the state of Illinois.

He's also asking for my pay stubs from my job.
Is this at all legal??!?!?!!
Is he trying to figure out how much alimony she can get from me???

I filed as Head of Household, claimed her and her son (not mine biologically, never adopted him either) on our joint tax return, she worked cash jobs like baby sitting, housekeeping, etc.
Is this possible? Would I be required to "pay" her back.
We were and technically are still married, and have not lived together since November 2012.

Why would she demand this money from
me when we lived in a single household??

Should I be worried? Is her lawyer trying to pull a fast one on me? Or is this some kind of secret outside settlement before we proceed with the divorce??!

Please help!!! :eek:
Click to expand...
Oh good lord you completely and seriously screwed up! You had absolutely no legal right at all to claim head of household. That is a filing status that is reserved for single people with children (or people who are legitimately separated from their spouse's for more than the last half of the year). Your filing status choices were married filing jointly or married filing separately, and in neither of those cases would your wife have been your dependent. She would have either been the joint filer of a married filing joint return, or she and her child should not have been on your return at all for a married filing separate return.

You may have a lot more to worry about than what her attorney is demanding. If you filed head of household when you should have been filing married filing separately AND claimed her and her child as dependents to boot, then you may have committed some potentially very serious tax fraud.

If she has filed her own tax returns for those years, and the IRS is challenging them based on your filings, then that could explain the demands her attorney is making. You are in a very precarious position. You need to see a tax professional ASAP to find out how much you would owe the IRS if you amended your returns for those years to be legally accurate...or if the IRS amends them for you after receiving proof from your soon to be ex that you filed them incorrectly.
 
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