Husband has wife grossly over withholding for taxes allowing him to under withhold and increase his take home pay. Can she charge him with theft? What are her recovery options, if any?
2007-03-24 18:58:03 · 4 answers · asked by Roger C 5 in Family & Relationships ➔ Marriage & Divorce
As to those of you who assume this is about me, it is not. Answers like it is stealing and of course it is wrong are simplistic. I am looking for whether it is legal or if it is a crime (stealing, embezzling etc under the law).
The wife does not know this is being done so suggesting changing a w-4 is not responsive.
Is it illegal and if so what is the wife's options in recovering what was taken through a con game. I agree if the money had been put to household use (ie funding a child's college 529 fund) it probably would not be an issue. Assume though it was used by the husband to gratify himself. Attend college football games in the fall - spending $200 every weekend, entertaing other women in the evenings while the wife is at work.
This husband has all bills and financial information sent to his office (not the home) so he can keep the wife in the dark, which tells me he knows what he is doing is morally wrong. Can you spell ASPD?
2007-03-25 09:35:36 · update #1
The husband is also a licensed practicing attorney. When prepared the tax forms returns that were the end part of the con job was he acting as a husband or an attorney? What was his ethical responsibility in his role as an attorney performing a task for a client (his wife)? If the law does not address this maybe the ethics provisions of the bar association does.
2007-03-25 19:38:45 · update #2
C'mon people think outside the box. Did he break a law? Probably not. Was it moral? Probably not. What can she do? Leave him, divorce him. OK. But can she force him to give her back her money?
Think outside the box. Let me start you off. Lawyer, bar assn and code of ethics. Tax preperation - is she his wife or a client? Any legal eagles out there? Taxes, IRS, amended returns, married/separate to get back her over with holdings? Any tax/IRS experts out there?
Outside the box please.
2007-03-26 09:29:14 · update #3
Looks like no creative thinking here so I will select the best answer to close this out. I am not happy with any of the answers because they added nothing to what I already knew and were even short of what I already knew.
2007-03-28 09:12:31 · update #4
No, what is yours is his and what is his is yours.
2007-03-24 19:34:19 · answer #1 · answered by kitkat 7 · 0⤊ 0⤋
All the income is going into one household right? So it isn't theft. If she really wanted to she could go change her W4 at ANY time. Hell you don't even have to withhold $, you can pay quarterly estimates instead. (that is not usually advised but it is an option)
The W4 isn't a legal document it is an employer guideline. As long as the household pays its taxes it doesn't matter which payroll it is withheld from. Your employer withholding from your pay and sending that $ to the Gov't for your federal/state/local taxes is a polite gesture and is NOT required by law.
2007-03-24 19:06:24 · answer #2 · answered by Poppet 7 · 0⤊ 0⤋
Why don't you just get a divorce
2007-03-24 19:03:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
YES,THIS IS STEALING!DISHONESTY!AND DECEPTION,ALSO FOUL PLAY AS WELL.
2007-03-24 19:02:44 · answer #4 · answered by roll tide 3 · 0⤊ 1⤋