distribution of 2008 tax return

[calabreche]

What is the name of your state (only U.S. law)? Rhode Island

My divorce was final as of January 10th, 2009. Our taxes for 2008 have been filed and our return was $4700. We always have e-filed so there was nothing for me to sign and the refund went directly into my ex-husbands checking account. There was nothing specified about distribution in our divorce agreement. He will not give me even half of this refund. Do I have a right to this money? I work as well but do not earn the money he does and he has told me that because he has always made more he is keeping the full refund!!!! Any advice will be greatly appreciated...Thank you.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Rhode Island

My divorce was final as of January 10th, 2009. Our taxes for 2008 have been filed and our return was $4700. We always have e-filed so there was nothing for me to sign and the refund went directly into my ex-husbands checking account. There was nothing specified about distribution in our divorce agreement. He will not give me even half of this refund. Do I have a right to this money? I work as well but do not earn the money he does and he has told me that because he has always made more he is keeping the full refund!!!! Any advice will be greatly appreciated...Thank you.

As of December 31, you were married. The refund was marital property and you are entitled to half of it.

I would suggest that you talk with an attorney. In the best case scenario, a letter from your attorney threatening a contempt suit might be sufficient to get him to pay you your half. Of course, it might not, but it won't cost much for your attorney to write a letter so it might be worthwhile.

 

[LdiJ]

As of December 31, you were married. The refund was marital property and you are entitled to half of it.

I would suggest that you talk with an attorney. In the best case scenario, a letter from your attorney threatening a contempt suit might be sufficient to get him to pay you your half. Of course, it might not, but it won't cost much for your attorney to write a letter so it might be worthwhile.

I am not sure that I agree Misto...because it honestly should have been addressed in the divorce, and was not. Since it wasn't addressed in the divorce, she also had the option of refusing to cooperate with a tax return that was directly deposited into his account, and she also had the option of refusing to cooperate with a joint return and could have filed a separate return.

I don't disagree that a letter from an attorney might rectify the matter, but I cannot guarantee that it will...and she cannot file for contempt against him for not equitably sharing the refund because it was not addressed in the divorce.

She has other possible options...ie a small claims case (which may or may not go anywhere)...filing a separate return now (which is possible before April 15th but will only fly if he filed the joint return without her cooperation or signature)...or re-opening the property settlement (which may cost more than she would get back, unless she gets lucky and the judge orders him to pay her legal fees)

This is one of those cases where she should have gotten advice about the taxes long before they were filed, and before the end of 2008.

I have to admit that situations like this one, and many other types of tax issues really frustrate me. Why? Because they are easily dealt with if people as for advice BEFORE they do things, and harder than heck (or impossible) to rectify when they ask advice after the fact.

 

[mistoffolees]

I am not sure that I agree Misto...because it honestly should have been addressed in the divorce, and was not. Since it wasn't addressed in the divorce, she also had the option of refusing to cooperate with a tax return that was directly deposited into his account, and she also had the option of refusing to cooperate with a joint return and could have filed a separate return.

The problem with this logic is that the divorce was final on Jan 10. She had no way of knowing what he was going to do (unless he filed the tax return before Jan 10, which is pretty unlikely).

And if you read the original post, he apparently filed it without her permission. She presumably gave him her income information, but that was needed to fill out the return. That does not give him permission to file without her signature or approval.

In fact, if I remember correctly, when you file an e-return, you have to verify that the other party has agreed to the return and all the information provided. Since she didn't agree, he committed tax fraud.

 

[LdiJ]

The problem with this logic is that the divorce was final on Jan 10. She had no way of knowing what he was going to do (unless he filed the tax return before Jan 10, which is pretty unlikely).

And if you read the original post, he apparently filed it without her permission. She presumably gave him her income information, but that was needed to fill out the return. That does not give him permission to file without her signature or approval.

In fact, if I remember correctly, when you file an e-return, you have to verify that the other party has agreed to the return and all the information provided. Since she didn't agree, he committed tax fraud.

Come on Misto...she knew that there were going to be taxes to be filed. It should have been dealt with in the divorce.

I think its iffy that she didn't know or cooperate with the tax return being filed. (otherwise, how did he get her W2s etc?) However, As I stated, if he did it without her cooperation or agreement, she absolutely can file a separate return as long as she does it before April 15th. It will have to be a paper return, but she absolutely can do so.

She will get her refund, (if any) and he will eventually have to pay back any excess refund he received from filing a joint return.

 

[mistoffolees]

Come on Misto...she knew that there were going to be taxes to be filed. It should have been dealt with in the divorce.

I think its iffy that she didn't know or cooperate with the tax return being filed. (otherwise, how did he get her W2s etc?) However, As I stated, if he did it without her cooperation or agreement, she absolutely can file a separate return as long as she does it before April 15th. It will have to be a paper return, but she absolutely can do so.

She will get her refund, (if any) and he will eventually have to pay back any excess refund he received from filing a joint return.

Obviously, she knew taxes would be filed. And, yes, it should have been dealt with in the divorce - but how many divorces do you know where SOMETHING wasn't missed?

She could file a separate return, but that would mean that each of them will probably be paying more taxes than with the joint return. Legally, half of the joint refund is hers and he is wrong to keep it. The fact that they didn't mention it in the divorce doesn't change the fact that it's marital property.

You missed my point about cooperation - see above. The fact that she gave him her W2s doesn't mean that she agreed for him to keep all of the refund.