Am I SOL

[rachelp]

What is the name of your state? Texas

Last year my husband and I separated yet filed jointly. In Texas (I think) there is no such thing as a legal separation. We filed jointly in good faith and the total amount was then transferred into his account. You know where I am going with this.... so I never got my 1/2 which was close to $1400 with the child earned income credit we didn't have to pay anything in. He was behind in child support $1200...so he sent "my half" through child support. We are divorced now... my question is am I pretty much SOL or can I take him to court the get my half of the tax return? What's the likelihood a judge would look at this and grant me the return? Thank you for taking the time to read this over.

 

[LdiJ]

What is the name of your state? Texas

Last year my husband and I separated yet filed jointly. In Texas (I think) there is no such thing as a legal separation. We filed jointly in good faith and the total amount was then transferred into his account. You know where I am going with this.... so I never got my 1/2 which was close to $1400 with the child earned income credit we didn't have to pay anything in. He was behind in child support $1200...so he sent "my half" through child support. We are divorced now... my question is am I pretty much SOL or can I take him to court the get my half of the tax return? What's the likelihood a judge would look at this and grant me the return? Thank you for taking the time to read this over.

You could still make it part of the overall process of the property settlement. However, if it turns out that you need to file a joint return again, then make sure that this time it gets deposited in YOUR account, or that a paper check is sent that you both must sign to cash.