Tax return/refund question

[ICUB4ER]

What is the name of your state? Kansas

Since my stbx and I will still be married Dec. 31st, do we still file married filing joint like we have done for the entire marriage even though I never worked?
Also, we always get a refund in excess of $6000, am I entitled to half of that?
If so, how do I go about actually getting half of it? He is saying that he is going to file married filing seperate and that I will not be getting any of the refund because he is the only one who worked for it.

[LdiJ]

Originally Posted by ICUB4ER

What is the name of your state? Kansas

Since my stbx and I will still be married Dec. 31st, do we still file married filing joint like we have done for the entire marriage even though I never worked?
Also, we always get a refund in excess of $6000, am I entitled to half of that?
If so, how do I go about actually getting half of it? He is saying that he is going to file married filing seperate and that I will not be getting any of the refund because he is the only one who worked for it.

Well, he is certainly entitled to file married filing separate....but he won't get as big of a refund. He also may be entitled to file as single if you will have been separated for more than six months as of December 31st.

The only way that you could file jointly, and get half of the refund, would be if he agrees to do that as part of your marital settlement agreement, or if the judge orders it. (which would be a legally shakey thing for the judge to do).

[brisgirl825]

When I divorced in Sedgwick County, we were ordered to file together and split the refund from both state and federal.

So it is possible that you could get ordered to do the same. Do you know who your judge is?

[ICUB4ER]

Originally Posted by brisgirl825

When I divorced in Sedgwick County, we were ordered to file together and split the refund from both state and federal.

So it is possible that you could get ordered to do the same. Do you know who your judge is?

No, I don't. We are still in the 60 waiting period. I filed on October 5th. How do I get an order to split it if we haven't been to court by the time comes to file? We have always done a RAL and gotten the most of the money within the hour. The rest always came in a check 1-2 days later that we picked up at H&R Block. The state always came in the mail.

[brisgirl825]

Originally Posted by ICUB4ER

No, I don't. We are still in the 60 waiting period. I filed on October 5th. How do I get an order to split it if we haven't been to court by the time comes to file? We have always done a RAL and gotten the most of the money within the hour. The rest always came in a check 1-2 days later that we picked up at H&R Block. The state always came in the mail.

Do not file until you get orders from the judge. You'll get in before April 15th, so I wouldn't worry about it yet.

I had Judge Dewey, the drunk , so if you get him, he's likely just to split the monies similar to the way we had it done.

[ICUB4ER]

I am kinda hoping for Judge Yost. He is a friend of one of my sons friends father. I'm not sure if he will be any better than any other judge, but I know that my sons friend has told him about my situation with my stbx not seeing the kids hardly at all and not paying any support, yet is wanting custody.
I asked him to ask the judge if my kids would really have to go to court with me and personally tell the judge that they want to live with me, because I REALLY don't want to put them in that position if it is at all avoidable.

[brisgirl825]

Originally Posted by ICUB4ER

I am kinda hoping for Judge Yost. He is a friend of one of my sons friends father. I'm not sure if he will be any better than any other judge, but I know that my sons friend has told him about my situation with my stbx not seeing the kids hardly at all and not paying any support, yet is wanting custody.
I asked him to ask the judge if my kids would really have to go to court with me and personally tell the judge that they want to live with me, because I REALLY don't want to put them in that position if it is at all avoidable.

When my parents went through a custody battle, in front of Dewey , we were never asked to come in and I was 12 y/o. So I doubt that, that is a problem. All my time on these boards and I have yet to hear of anyone's child having to go to court. That is a last resort and I don't know how much of a last resort there needs to be for it to happen.

Does your ex know this judge? His atty may ask to get a different one if they feel that there is bias. Who knows though.

[ICUB4ER]

No, he doesn't know any judge. He doesn't know that our(my) sons father is friends with one of the divorce judges either. I haven't tried to get the judge to be biased in any way. I just wanted to know if the kids would be required to go to court to tell him personally what they want.

[brisgirl825]

Originally Posted by ICUB4ER

No, he doesn't know any judge. He doesn't know that our(my) sons father is friends with one of the divorce judges either. I haven't tried to get the judge to be biased in any way. I just wanted to know if the kids would be required to go to court to tell him personally what they want.

Ok, I thought that dad might know the guy too and therefore try to get get a different one.

When I was 12, I was allowed to sign an Affidavit saying that I wanted to live with mom. That went to the judge and my mom was ordered custody of me.

How old are your kids again? Sorry I don't remember...