Tax filed after divorce papers served

[Sw3tflower]

reported

I called the IRS and now have a trace on the account the money was deposited into.
I have added it to my motions I have before the court at my Dec hearing on temporary spousal support and health insurance.
Anything else?

 

[Sw3tflower]

Irs

I recieved a notice from the IRS that they were investigating the accountant (and my ex) concerning my fraud claim.
The IRS took the refund and rebate money out of the accountant's checking account! She is a little ticked off.....
However, they say they cannot give me details of their investigation.
Am I going to get that money back?? Since it happened after I seperated from my husband will I get half?

 

[mistoffolees]

I recieved a notice from the IRS that they were investigating the accountant (and my ex) concerning my fraud claim.
The IRS took the refund and rebate money out of the accountant's checking account! She is a little ticked off.....
However, they say they cannot give me details of their investigation.
Am I going to get that money back?? Since it happened after I seperated from my husband will I get half?

Glad the bad guys got caught. It's not surprising that they won't give you the details since it's not your investigation.

The proper procedure would be to address the tax refund in your divorce hearing and then sign the appropriate documents (since your stbx isn't particularly honest, you might want to file separately even if you get a bigger return for filing jointly, but I think you'd need his signature and he'd need yours - which the court would probably have to order).

If you elect to go ahead and file jointly, then you'll need a decision from the judge (or an agreement between the two of you) on division of the refund. DId you address it in your December hearing?

 

[bzdmk]

Going through similar problem...

My ex filed 2005 taxes in dec 2008, 2 years after we separated and 1 year after the divorce was finalized. In 2006, I signed blank forms (which I later found out it was illegal) but I was too young and new to the country to know any better and the divorce process was taking a huge toll on me. Unfortunately, my situation is a little worse. My 2008 tax refund was applied to the 2005 back taxes he owes!

Turns out that if you didn't know or didn't sign or approve the tax report sent to the IRS or state board, it is considered fraud and you can report him for it. And if for any reason, you are negatively affected by it, you can file for 'innocent spouse', where you have to prove that all tax activities were done without your knowledge or consent.

If the only issue is to get the money back, try telling your ex about the fraud report and if that does not compel him to return the money, just tell the judge.

Thing is, everything is considered joint assets if you don't have any prior agreements so if you don't care about keeping it civil with your ex, your best bet is to file for fraud.

Good luck!

 

[Sw3tflower]

complicated decision

The tax issue never got heard. My husband is drawing out the divorce and throwing up smoke screens. We have not even had a ruling on temp support!
The judge ordered our house put on the market in Dec. Again, in Feb and yet again in May. My husband keeps asking for more time and saying he is doing the best he can. He says he cannot afford to pay me any support and pay the mortgage too.
He is now up for a contempt charge for liquidating our Pension Profit Sharing Plan after the judge said not to (all but $14,000 which he says is needed for his attorney fees). That has been postponed once already.
The house is going to have to be listed as a short sell. We refinanced in 2006 (pay off his business debts) and the mortgage owing is over $800,000, market value is under $700,000.
He is trying to get a re modification of the existing loan. He wants the rest of the Pension Plan to be used to pay fop the fees involved. The refinance was an ARM. He has been making (without my knowledge) interest only payments for over 3 years. Deferred interest is over $40,000. He is 2 months late......
The judge ordered a forensic accountant to look into his corporate books. Also a valuation of his LLC office building.
I can see why a re modification is good for him....he told me he plans on starting over after the divorce because he has a skill worth money. He wants to save his credit. Also, he lives in the house. I had to move out and still have rent to pay.
But what benefit would I be getting if we got a re modification as opposed to a short sell? I have no plans on buying a house, I do not have a job yet, I have no health insurance, no retirement funds, no equity in the house.
If the market went up in 2 years and we sold for a profit I can understand...but in the meantime he said his income is $0 and I have no support to get me through until I get a job or the market goes up.
Am I missing something? Is this a one way good thing....for him?

 

[LdiJ]

The tax issue never got heard. My husband is drawing out the divorce and throwing up smoke screens. We have not even had a ruling on temp support!
The judge ordered our house put on the market in Dec. Again, in Feb and yet again in May. My husband keeps asking for more time and saying he is doing the best he can. He says he cannot afford to pay me any support and pay the mortgage too.
He is now up for a contempt charge for liquidating our Pension Profit Sharing Plan after the judge said not to (all but $14,000 which he says is needed for his attorney fees). That has been postponed once already.
The house is going to have to be listed as a short sell. We refinanced in 2006 (pay off his business debts) and the mortgage owing is over $800,000, market value is under $700,000.
He is trying to get a re modification of the existing loan. He wants the rest of the Pension Plan to be used to pay fop the fees involved. The refinance was an ARM. He has been making (without my knowledge) interest only payments for over 3 years. Deferred interest is over $40,000. He is 2 months late......
The judge ordered a forensic accountant to look into his corporate books. Also a valuation of his LLC office building.
I can see why a re modification is good for him....he told me he plans on starting over after the divorce because he has a skill worth money. He wants to save his credit. Also, he lives in the house. I had to move out and still have rent to pay.
But what benefit would I be getting if we got a re modification as opposed to a short sell? I have no plans on buying a house, I do not have a job yet, I have no health insurance, no retirement funds, no equity in the house.
If the market went up in 2 years and we sold for a profit I can understand...but in the meantime he said his income is $0 and I have no support to get me through until I get a job or the market goes up.
Am I missing something? Is this a one way good thing....for him?

A short sale would damage both of your credit reports. If he can avoid a short sale and still get you off the mortgage that would be in your best interest too.

 

[mistoffolees]

He's digging a pretty big hole by intentionally violating the judge's orders.

It takes a while to make a contempt charge stick, but eventually, most judges get tired of willful violations and take action. At some point, the judge may tell him to take action to compensate you or face jail time.

In addition, he's dissipated enough assets that when you get the business valuation and find any hidden assets, the judge may end up awarding you the lion's share as compensation for everything that's been thrown out.

Your problem is surviving until then and not giving up too early. You will also have to deal with the consequences of a short sale or foreclosure on the property if he is unable to get a modification. HOWEVER, do not accept a modification with your name on the mortgage - it will only drag out your problems.

 

[Sw3tflower]

Thank you! That was exactly what I needed to hear.
We were told last night we were approved for a modification. I have requested papers to have me taken off the mortgage. The bank said they would do that as soon as we signed the modification agreement.
I want my name taken off before the modification goes through don't I? Or does it matter....I don't want to end up owing them.
Is it possible to have my husband buy me out for $1 (or whatever)? Then he can do the modification himself?

 

[mistoffolees]

Thank you! That was exactly what I needed to hear.
We were told last night we were approved for a modification. I have requested papers to have me taken off the mortgage. The bank said they would do that as soon as we signed the modification agreement.
I want my name taken off before the modification goes through don't I? Or does it matter....I don't want to end up owing them.
Is it possible to have my husband buy me out for $1 (or whatever)? Then he can do the modification himself?

That sounds fishy. Why would the bank make you sign the modification and then later take you off? It would be easier to do both at once.

On the surface, you're better off if you sign the modification even if they never get around to taking you off, but I might be missing something. I would ask your attorney about it.

 

[Sw3tflower]

My husband was the one who gave me the information (saying the bank said) to sign the modification first and then have my name taken off the mortgage after.
When I talked to the bank yesterday I simply asked for the papers to have my name taken off the mortgage and asked if we were approved for the modification. They did not mention what comes first or if it is done at the same time.
My husband threw that in the next day. Hummmm

 

[mistoffolees]

My husband was the one who gave me the information (saying the bank said) to sign the modification first and then have my name taken off the mortgage after.
When I talked to the bank yesterday I simply asked for the papers to have my name taken off the mortgage and asked if we were approved for the modification. They did not mention what comes first or if it is done at the same time.
My husband threw that in the next day. Hummmm

Never take legal or financial advice from an ex or stbx.

 

[LdiJ]

Never take legal or financial advice from an ex or stbx.

Seriously....do not sign anything else unless you are removed from the mortgage.

 

[mistoffolees]

Seriously....do not sign anything else unless you are removed from the mortgage.

Well, I'd suggest not signing anything unless her attorney says it's OK.

For example, she may be better off by modifying the loan even if she doesn't get her name off the mortgage at this point. If the bank is willing to reduce the debt by $100 K or so, she's possibly better off than she is now - and I don't see how that would hurt her chances of eventually getting off the mortgage. I wouldn't rule anything out until talking with my attorney.

 

[Sw3tflower]

Thank you both for all your help. Yuo have saved me numerous phone calls to my attorney and alot of stress.

 

[Sw3tflower]

House

more complications. I do not live in the home so do not have access to the mail.
I called the bank and got an update about the mortgage and taxes on our home. My husband had been ordered by the court in Feb to pay them and to list the house for sell immediatelly. In May, he told the judge he missed one mortgage payment because he had to pay the taxes that month, but he had informed the bank and was keeping up with the mortgage payments now.
The house has still not been listed though I signed a listing agreement with the real estate agent. My husband refused,
I called and found out he had not paid the second installment of our property taxes. We are in delequincy and are being charged 10% penality now.
I called the bank. The mortgage payments are over 2 months past due. The next payment is June 6. They will start foreclosure preceedings if not paid.
My husband is ignoring court orders. We are going to lose the home if he does not pay by next week. He lied to the court.
I only have till the 6th to get the mortgage and taxes up to date. How can I possibly report this to the court in time to prevent foreclosure?
Is there an emergency hearing I can file tomorrow?
I wonder if the loan remodification he was trying to get was a smokescreen to put off selling the house. He has been doing something with the money other then paying the taxes and mortgage for several months. He owns his own practice and still works. However, his partner just told me my husband had not paid the LLC property taxes and was 30 days late. He thought they had been paid.
Should I inform the court of this?