My sister's husband (they're separated, she has custody of their 3 girls) convinced her to file their taxes together since they were together most of the year & he always did their taxes. She found out that he got the check back on 2/16 and has been lying to her when she inquires about it. Her share is over 2 grand for federal alone. She has also learned that he has spent all but $700 of it. (He bought a plasma tv & new tempurpedic bed for him & his new girlfriend, among other things.)
Oh, and she held 3 jobs last year while he worked part time for most of it.....
The man is slime. When he steals from her, he steals from his own kids.
Regardless of the fact that she obviously shouldn't have filed w/ him (too late now) is there any legal recourse for her? Can she get her money from him through legal channels? Any advice on how she should proceed? Thanks!
2007-03-08 05:05:07 · 14 answers · asked by SavageLettuce 4 in Politics & Government ➔ Law & Ethics
If she is going to divorce him, she needs to keep this documented and pesent it to the judge. Judges really frown on men for takeing advantage of women, especially when children are involved. From the sounds of it she needs to file and quick. She'll not only get her money back but she'll get intrest to go along with it. Good luck, people like him make people like me look bad so kick his a-ss, and once for me. If the check was made out to both of them like I'm sure it was then he committed fraud and she should use this to hold over his head in the worse kind of way.
2007-03-08 05:16:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I, too, would love to hear the other side of the story. Life has taught me that if you take the two sides of every story and put them side by side, somewhere in the middle of the two stories lies the truth. I'm betting this is no different.
If your sister filed a joint income tax return, the check will be made out to both parties. Someone had to sign her name to the check in order for him to cash it; contact the IRS or the bank and see if she can get a copy of the check. If her signature was forged, she can file a complaint with the police and have him arrested.
As for getting the money back, she's probobly gonna be out of luck. IF he's convicted in court and ordered to repay the money, he can't give to her what he doesn't have. Also, check the laws in her state; lots of places classify tax refunds as "community property" and give both parties equal ownership of the money.
Good luck.
2007-03-08 05:34:20 · answer #2 · answered by Team Chief 5 · 0⤊ 0⤋
You should consult a family law attorney. Depending on what state you are in, the laws on marital property differ. Your sister may be entitled to some of the refund, and there are certainly legal channels that can be pursued to recover it - even if it has transformed itself into a plasma tv.
2007-03-08 05:24:21 · answer #3 · answered by EthanHunt 3 · 0⤊ 0⤋
Yes she can. She would have to contact the federal and let them know what happened. She would have to file papers on it saying that she never signed the check. It has to have both signatures in order to be cashed. Now he can go to jail for this if she files charges against him. Yes she should do something about this.
2007-03-08 05:15:28 · answer #4 · answered by beenie 21 3 · 0⤊ 0⤋
I would doubt very seriously that she will be able to get anything from him. Presuming she signed the form that he used to file jointly, she effectively said that she agreed to the situation. Unfortunately, I suspect she will simply have to chalk it up to a hard-learned lesson.
The only possible recourse I can think of is if he got a physical check and he signed her name to it in order for it to be endorsed; that would constitute fraud. If he managed to get the funds without a physical check (for instance, direct deposit), then she's probably out of luck.
Wish I had better news :-(
2007-03-08 05:14:34 · answer #5 · answered by Anonymous · 0⤊ 1⤋
ditto the last answer. i personally had to jump through fire to get a direct deposit of my tax refund because my husbands name was not on the bank account. report it to the irs. im guessing either someone forged your sisters signature, or she still has a bank account out there that has her name and his on it. duh, if thats the case....shell have to wait for court. the moneys gone, the court wont care if she gets reimbursed. she could however (if she didnt sign the irs filing), go to the irs and claim he did this all without her consent, that you are separated and needed to file married filing separately.
2007-03-08 05:15:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If it's a joint return, her name is on the check. If he cashed it, someone forged her name andit's fraud and she needs to contact the IRS to get a copy of the endorsed check and go to the police and file charges.
AND TELL HIM SHE'S going to do it; that might solve the problem even faster
2007-03-08 05:10:19 · answer #7 · answered by wizjp 7 · 3⤊ 0⤋
If they both signed the Income tax return..She is SOL...He will need some $ash when she takes him down the child support and spousal support road!!! I wonder what kind of Plasma he got?? By thge way..he is slime
2007-03-08 05:13:18 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Married Filing Jointly...its both their money. He only took what was legally his. Now mind you thats legally, certainly not morally. She'll have to try to get as much of that back during the divorce as she can.
2007-03-08 05:09:36 · answer #9 · answered by zebj25 6 · 1⤊ 1⤋
Id I can hear the other side of the story I can give you my two cents worth answer!
2007-03-08 05:14:29 · answer #10 · answered by Wally H 2 · 0⤊ 0⤋