Child tax credit return

[laurmouse]

What is the name of your state? Wisconsin
I was granted a divorce in 5/03. We filed jointly for 2002. Am I entitled to any portion of the new child tax refund? How do I know if a refund was issued? What should I do if he signed my name and took the money?Thank you in advance for your reply.

 

[Janet7]

I am not a lawyer but it seems there is something rotten here. How about an answer from one of our esteemed attorneys?

Forgery is a crime is it not?

 

[CalieBayGirl]

This is not a usual thing with regards to a divorce. The IRS doesn't do this all the time, so I'm sure there are many people in your situation this year. You need to file a motion regarding the subjuct , with the court who handled this. I'm confident the judge will see it as a "un forseen matter" and will entertain your motion.

 

[stephenk]

Have you asked your ex about the refund check? What does he say?

 

[laurmouse]

I wanted to get any information first. On the 2002 return that we filed jointly but separated, he said he would send a check in for the Federal taxes owed if he could in turn keep the State return. They were almost even. Many months later I received a letter saying that the Federal taxes were never payed. He stated that he said he would pay it he just didn't say when, and that in fact, he had signed my name on the State return and had used that money for something else. Two weeks ago, my employer received a letter to garnish my wages for State taxes owed for 2002. I sent them a copy of the divorce decree that showed he was responsible for that amount. I was told that they had been sending letters to both of us at his address since April 5th. I was also told that they usually garnish the person who makes more money. That would be him, only they did not have any work information for him. It doesn't make much sense to me. Supposedly, they will review the decree and send a letter to my employer to stop the garnishment. I have no idea how long that will take.

 

[CalieBayGirl]

I hate to say this, but other than the stipulation agreed upon in your decree, your only option is an attorney. You now have garnishments against your wages, and handing over your "Decree" to any one at this point is not going to help you.

Your credit history, and your Tax filing is now at risk because he chose not to "Honor" your agreement, and is in contempt (if in fact this is in your decree).

Seek out at least a consultation! You need to take this back to court because he not only did not pay as agreed upon, but now your credit history and your stand with the IRS will be questionable.

Seek advice from an attorney NOW!