What is the name of your state? Ohio. I'm guessing the goverment but here goes. The mother of my two children and I seperated late November '05. Early January she asked me to claim the kids because she didn't work enough to file. I said I would split the refund 50/50. She didn't object. After I file she not only changes her mind about filing but also feels she's entitled to the entire refund. She only worked maybe a month in '05 and I paid all the bills, provided her with car and split most of the other expenses. I also began paying her CS in November, even though there is no CS order. We lived together for almost the entire year and I certainly had the higher gross income so based on what I've read I believe I'm entitled to the refund, not her. She took out some small student loans and I did co-sign a 10k loan for her to buy a car/PC in August. She's contacted the IRS and I'm expecting something in the mail to determine who gets what. We were never married.
Now here is where it gets tricky. I filed chapter 7 October 12, '05. During the 341 hearing on December 6th the trustee asked what I was expecting for as a refund. I told him "$1,200", not expecting to claim either child. Now my refund is $5,600. Most of that was EIC but my question is what happens if the trustee takes the refund and then the IRS finds the mother is entitled to part or some of it. Or what happens if the IRS makes a judgement before the trustee? It's been over 60 days since the 341, so technically I'm discharged but haven't received any official word on that, the closure of my case or anything from the trustee about my '05 tax refund.
Now here is where it gets tricky. I filed chapter 7 October 12, '05. During the 341 hearing on December 6th the trustee asked what I was expecting for as a refund. I told him "$1,200", not expecting to claim either child. Now my refund is $5,600. Most of that was EIC but my question is what happens if the trustee takes the refund and then the IRS finds the mother is entitled to part or some of it. Or what happens if the IRS makes a judgement before the trustee? It's been over 60 days since the 341, so technically I'm discharged but haven't received any official word on that, the closure of my case or anything from the trustee about my '05 tax refund.
