Just learned my Ex was married when I married her

[ronvau]

What is the name of your state (only U.S. law)?
Married in Kansas. Divorced in Missouri.
I just recently learned that my ex-wife was married to someone
else when I married her. We divorced a few years back 07, but
I am concerned about other legal implications that might arise
from it appearing the marriage was valid. Is it too late to have
the marriage annulled?

 

[mistoffolees]

What is the name of your state (only U.S. law)?
Married in Kansas. Divorced in Missouri.
I just recently learned that my ex-wife was married to someone
else when I married her. We divorced a few years back 07, but
I am concerned about other legal implications that might arise
from it appearing the marriage was valid. Is it too late to have
the marriage annulled?

What kind of implications are you worried about?

I guess there could be tax consequences, but if you truly just discovered it, then you would be an innocent spouse under tax rules and probably not penalized. What are your other concerns?

 

[LdiJ]

What kind of implications are you worried about?

I guess there could be tax consequences, but if you truly just discovered it, then you would be an innocent spouse under tax rules and probably not penalized. What are your other concerns?

I cannot even imagine that being an issue at this point. If they divorced in 07 they should not have filed an 07 tax return, and the IRS's ability to audit 06, expired on 4/15/2010. (unless fraud is suspected and this would not be a fraud case)

 

[mistoffolees]

I cannot even imagine that being an issue at this point. If they divorced in 07 they should not have filed an 07 tax return, and the IRS's ability to audit 06, expired on 4/15/2010. (unless fraud is suspected and this would not be a fraud case)

It would be fraud - on HER part. Presumably, she knew that she was still married when she married him so filing as joint would be fraud.

As I said, it is unlikely that this could hurt him, but that's not to say the IRS couldn't look into it.

 

[LdiJ]

It would be fraud - on HER part. Presumably, she knew that she was still married when she married him so filing as joint would be fraud.

As I said, it is unlikely that this could hurt him, but that's not to say the IRS couldn't look into it.

That honestly isn't tax fraud. It may be other kinds of fraud, but not tax fraud. She could have been prosecuted for bigamy, but they were married.

By no stretch of the imagination could the IRS come back on either of them at this point for 06 or earlier.

 

[mistoffolees]

That honestly isn't tax fraud. It may be other kinds of fraud, but not tax fraud. She could have been prosecuted for bigamy, but they were married.

We've been through this before and I had to show you the IRS rules once. Lying on your tax forms is a felony.

If she was married to person A and claimed on her tax forms to be married to person B, that's a felony and the IRS most certainly could prosecute her for fraud.

I have no idea what the odds are of that happening, but it is well within the IRS' prerogative.

 

[ronvau]

Thank you very much for the response. Yes, tax issues are one primary concern. It gets a bit worse. She and I planned on having children and we tried for a long time. About half way through my marriage, her mother informed me she had her tubes tied and could not have children. I went into the marriage with the hope of having children. I have never had any. She then suggested adopting. We adopted a son. Then she divorced me and took him. She claimed 0 income in the divorce paperwork and all of my support was based on my income. I have recently lost my job and now I am struggling just to keep a roof over my head. She is demanding that the support stay at the same amount. They are in Missouri and the law says she can have the support extended to age 22 if he attends college. He turns 18 this month and I just do not know what to do.

 

[LdiJ]

We've been through this before and I had to show you the IRS rules once. Lying on your tax forms is a felony.

If she was married to person A and claimed on her tax forms to be married to person B, that's a felony and the IRS most certainly could prosecute her for fraud.

I have no idea what the odds are of that happening, but it is well within the IRS' prerogative.

She was married to person B. It was a bigamist, voidable marriage but it was a marriage nonetheless.

 

[LdiJ]

Thank you very much for the response. Yes, tax issues are one primary concern. It gets a bit worse. She and I planned on having children and we tried for a long time. About half way through my marriage, her mother informed me she had her tubes tied and could not have children. I went into the marriage with the hope of having children. I have never had any. She then suggested adopting. We adopted a son. Then she divorced me and took him. She claimed 0 income in the divorce paperwork and all of my support was based on my income. I have recently lost my job and now I am struggling just to keep a roof over my head. She is demanding that the support stay at the same amount. They are in Missouri and the law says she can have the support extended to age 22 if he attends college. He turns 18 this month and I just do not know what to do.

Even if the marriage was annulled, it would not change the fact that you adopted the child and are responsible to support the child. Annulling the marriage would not take away your legal fatherhood.

However, again, YOU have nothing to worry about, about the taxes. She honestly doesn't have anything to worry about regarding the taxes, either.

 

[ronvau]

Regarding the adoption...Would the adoption even be legal if one of the conditions of the adoption was being married and the marriage was not actually a legal union? As it turns out, she had 2 sons in NC who she abandoned with the man she did not get a legal divorce from.

 

[Zigner]

Regarding the adoption...Would the adoption even be legal if one of the conditions of the adoption was being married and the marriage was not actually a legal union? As it turns out, she had 2 sons in NC who she abandoned with the man she did not get a legal divorce from.

They're your kids man.

 

[mistoffolees]

Thank you very much for the response. Yes, tax issues are one primary concern. It gets a bit worse. She and I planned on having children and we tried for a long time. About half way through my marriage, her mother informed me she had her tubes tied and could not have children. I went into the marriage with the hope of having children. I have never had any. She then suggested adopting. We adopted a son. Then she divorced me and took him. She claimed 0 income in the divorce paperwork and all of my support was based on my income. I have recently lost my job and now I am struggling just to keep a roof over my head. She is demanding that the support stay at the same amount. They are in Missouri and the law says she can have the support extended to age 22 if he attends college. He turns 18 this month and I just do not know what to do.

What you do is go see an attorney so you understand your rights.

You ARE responsible for child support. HOWEVER, child support can be modified if you lost your job involuntarily. She can demand whatever she wants, but you have the right to have child support based on your current income, not past income.

 

[LdiJ]

Regarding the adoption...Would the adoption even be legal if one of the conditions of the adoption was being married and the marriage was not actually a legal union? As it turns out, she had 2 sons in NC who she abandoned with the man she did not get a legal divorce from.

The adoption would still be legal. The courts are not going to punish your legal son for the actions of one of his parents. The courts are not going to suddenly rule that he has no parents because your ex was a bigamist.

 

[ronvau]

Thank you very much for the information. I certainly do not wish to deny my adopted son. I am simply looking for legal avenues to aid in my situation. Could I still file for an annulment of the marriage based on fraud as a bigamist, but do a modification for support at the same time? I want to protect myself legally in all other areas, but still maintain my position as his adopted father. I do not wish to deny my responsibility as an adoptive parent, I just do not want to be hurt in any other legal matters based on a fraudulent marriage.

 

[Zigner]

Thank you very much for the information. I certainly do not wish to deny my adopted son. I am simply looking for legal avenues to aid in my situation. Could I still file for an annulment of the marriage based on fraud as a bigamist, but do a modification for support at the same time? I want to protect myself legally in all other areas, but still maintain my position as his adopted father. I do not wish to deny my responsibility as an adoptive parent, I just do not want to be hurt in any other legal matters based on a fraudulent marriage.

You're not going to get the marriage annulled...you're already divorced.