Can I sue my ex for last year's tax return and refund?

[jailaxmi]

What is the name of your state (only U.S. law)? NC

My ex and I have lived separately since Oct. 2010. In our separation agreement, signed and notarized in Oct. 2012, it is stated that I would claim our child for tax purposes. Child lives with me all year long. Our divorce was finalized Nov. 2013.

Advised by his accountant, we filed our 2012 return as "married filing jointly." He kept the business we built together and I got a part-time job and started my own business, so I wasn't making much by the end of 2012. When we filed, we each paid our portion of self-employment tax. Then a refund came in the mail and he claimed that it was his, since he had made estimated payments for his business. The refund was much more than his payments.

Now, as I was filing my own taxes this year I realized that "married filing jointly" only benefited him last year, since I could have filed as head of household and receive the EITC and Child Tax Credit. Plus, I didn't make that much and probably wouldn't have had to pay taxes either, because all the itemized deductions were for the most part mine (home office, charitable donations, etc.). So he benefited from me being part of the joint return but I didn't get a cent of the refund!

I thought of filing an amended return as "married filing separately," but apparently the IRS doesn't allow me to do that. So can I sue him and his accountant for using me to his sole benefit and claim what would have been rightfully mine, had I filed separately? Or can I sue him for the refund and interest or damages or something like that?

Any other ideas/advise would be greatly appreciated. Thanks!

 

[Ohiogal]

What is the name of your state (only U.S. law)? NC

My ex and I have lived separately since Oct. 2010. In our separation agreement, signed and notarized in Oct. 2012, it is stated that I would claim our child for tax purposes. Child lives with me all year long. Our divorce was finalized Nov. 2013.

Advised by his accountant, we filed our 2012 return as "married filing jointly." He kept the business we built together and I got a part-time job and started my own business, so I wasn't making much by the end of 2012. When we filed, we each paid our portion of self-employment tax. Then a refund came in the mail and he claimed that it was his, since he had made estimated payments for his business. The refund was much more than his payments.

Now, as I was filing my own taxes this year I realized that "married filing jointly" only benefited him last year, since I could have filed as head of household and receive the EITC and Child Tax Credit. Plus, I didn't make that much and probably wouldn't have had to pay taxes either, because all the itemized deductions were for the most part mine (home office, charitable donations, etc.). So he benefited from me being part of the joint return but I didn't get a cent of the refund!

I thought of filing an amended return as "married filing separately," but apparently the IRS doesn't allow me to do that. So can I sue him and his accountant for using me to his sole benefit and claim what would have been rightfully mine, had I filed separately? Or can I sue him for the refund and interest or damages or something like that?

Any other ideas/advise would be greatly appreciated. Thanks!

What did the divorce decree/separation agreement state regarding the tax returns? This situation should have been taken care of in the divorce decree. Why do you think you have a right to sue him? You agreed to file jointly. Just because you made a stupid decision doesn't mean you get to sue someone for it.

 

[jailaxmi]

What did the divorce decree/separation agreement state regarding the tax returns? This situation should have been taken care of in the divorce decree. Why do you think you have a right to sue him? You agreed to file jointly. Just because you made a stupid decision doesn't mean you get to sue someone for it.

Yes, it was a stupid decision to TRUST him and his accountant without realizing that this would benefit him and screw me. There is no mention of tax returns on the separation agreement, only that I can claim our child as my dependent.

Don't I have any rights to the refund at all?

 

[LdiJ]

Yes, it was a stupid decision to TRUST him and his accountant without realizing that this would benefit him and screw me. There is no mention of tax returns on the separation agreement, only that I can claim our child as my dependent.

Don't I have any rights to the refund at all?

At this point no. You voluntarily filed the 2012 return jointly, and you let him keep the refund. If you were going to make an issue of it you should have made it an issue before your divorce was finalized.

 

[Proserpina]

Yes, it was a stupid decision to TRUST him and his accountant without realizing that this would benefit him and screw me. There is no mention of tax returns on the separation agreement, only that I can claim our child as my dependent.

Don't I have any rights to the refund at all?

The question is really, "Does that mean that I forfeited by claim to the exemption?"

As far as IRS is concerned, yes. You'd only have until April 15 to change from MFJ to MFS, so it's no longer an option for you.

Because your signature was present, there was no fraud or duress. (Had he filed without your signature that would be an entirely different ball game). There's also no law requiring him to give you anything from the refund.

 

[Proserpina]

At this point no. You voluntarily filed the 2012 return jointly, and you let him keep the refund. If you were going to make an issue of it you should have made it an issue before your divorce was finalized.

Or I could have just said, "^^^^ what she said"

 

[jailaxmi]

Ok, thanks for clarifying all of that. "You live and learn," as they say... :-(