+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    Elriksmith Guest

    Wife keeping entire tax refund (I owe no back support!) is this legal??!!

    I live in the Portland Oregon area, my wife lives across the state line in Vnacouver, Washington. We filed our taxes jointly and arranged for the fereral return to be direct deposited into her account. Now the the money is there and she is refusing me my half. The return money is all based off of my wages, and I owe absolutly no child or spousal support as the hearing is not untill the end of march (04).

    Is this legal for her to be keeping money that was deposited by the federal gov. for both of us? It was a joint tax return, and I am wondering if I am with or without recourse on this action. I allready contacted her bank, they said call teh IRS, and teh IRS said seek legal advice. Is she able to get away with this because of some "your still married" law, and if so am I then not legally able to (if not withdraw money from her account directly) take and sell jointly owned property currently at her residence to compensate?

    Help please, and thnx in advance!
  2. #2
    hexeliebe Guest
    You are in deep doo doo bubba

    as for the legal aspects of your decision to allow her to deposit the monies, I'll let someone else have a crack at you.
  3. #3
    Elriksmith Guest
    so, in short my misplaced trust is my nine inch coffin nail? lol, ok, so if I have no viable recourse to obtaine my half, can I at least ensure that the department of health services knows about this so the soon-to-be decided child support is offset?

    thnx-
  4. #4
    hexeliebe Guest
    Against my better judgement I'm going to give you two words:

    Marital Asset
  5. #5
    Elriksmith Guest
    "In its modern and most broad sense, therefore, dissipation is any wrongful conduct by the owning spouse which has the effect of removing property from the reach of the court in divorce proceedings."

    So, would this be something I would have to bring up in Divorce Court, and hope that the Judge would hold her responssible for? And if so, would that mean that I need to ask for a Court Ruled division of all marital assets in order to make the tax return an approchable subject?

    thnx
  6. #6
    hexeliebe Guest
    I doubt that it would make much difference.

    But your first stop should be a divorce attorney, which you should have been doing a long time ago.

    Sorry, but divorce is never easy or a do-it-yourself job.
  7. #7
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,330
    Your best bet would be to simply make sure it is included as part of the marital assets to be divided. I wouldn't suggest selling off stuff that she's got at her place.
  8. #8
    SDguy5150 Guest
    hexeliebe said:

    I doubt that it would make much difference.

    But your first stop should be a divorce attorney, which you should have been doing a long time ago.

    Sorry, but divorce is never easy or a do-it-yourself job.


    ------------------------------------------------------------------------


    I am guessing that you are in the business of divorce? Considering I was able to take care of my divorce all by myself, that seems to be quite an arrogant attitude regarding what normal people can and cannot do.
  9. #9
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,330
    Actually, hex is not in the "business of divorce". For better or worse, tho, most people are not capable of effectively dealing with the business end of a divorce when they're also dealing with the emotional end. In addition, most people are not legally savvy, and don't have the time or inclination to do the research to get up to speed on what is and is not legally possible.

Similar Threads

  1. Replies: 8
    Last Post: 01-03-2011, 11:17 PM
  2. Can the Trustee Take Our Entire Tax Refund?
    By NC Mom in Indy in forum Consumer Bankruptcy
    Replies: 2
    Last Post: 03-01-2010, 03:29 PM
  3. Replies: 7
    Last Post: 02-06-2009, 09:00 AM
  4. Back child support and refund
    By Rollin in forum Child Support
    Replies: 4
    Last Post: 01-12-2009, 01:55 PM
  5. Getting tax refund for back support
    By lzlxan in forum Child Custody & Visitation
    Replies: 1
    Last Post: 01-13-2003, 12:49 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.