My husband left V-Day and we always file together. Am I entilitled to half the refund?

Question

I have a protective order which he can't come near me or our 6 children. He does get 1 hr a wk supervised visitation but there is no contact between us. We normally get a refund between $10,000-$12,000 by claiming "0" and having extra withheld.
I do not work so I can't file. I have all the receipts, his W-2, and everything to file. I think he already filed though and claimed us all. Can I file without income? Can I get half the refund if he did file? Or is this just one more thing to add to a horrible divorce and let an attyorney handle it??? Thanks

Answer 1

IF you havent worked, then you cant file. You didnt pay any taxes. YES... unfortunatly this is something that the lawyer will have to deal with if he refuses to give you half. You should tell him, half now, or half later through the divorce lawyer. If he is a smart man, he will realize this is true and just give you half now. Good luck

Answer 2

You can call the Irs and find out if he has filed, if you know his name, birthdate and SS#. Then you can call the judge and ask that the protective order be removed for just this action, by the way he can file but if he claims you, you must sign those papers and the refund checks. if he had them signed by someone else, your lawyer can not only get all of the refund but damages to you for the fraud on your name. Good luck

Answer 3

You're probably going to have to let an attorney handle that. Personally, I don't see why you should be entiltled to anything, seeing that you've got a protective order and whatnot. He's no longer good enough, but his money still is, right? But, whatever, what do I know, I'm no lawyer. And you'll be entitled to what the law states, if that's half, then there you go.

Answer 4

If he filed and put your name on it as a spouse, then he won't be able to cash the refund check without your signature on it - as the check will be issued into both your names. You can call IRS and find out if he had filed with your name on the paperwork. Perhaps they can advise you on how to handle it. If you have an attorney, I would speak to him as well.

Answer 5

First, I'm sorry you find yourself in this circumstance.

Second, yes this is probably an issue for the lawyers.

Third, if you two owed, instead of getting refunds, would be as motivated to pay 1/2 of what you still owed?

You will probably have to take legal action to ensure that you and your children are provided for, financially speaking.

Again, I am sorry you have to experience this.

Answer 6

You are entittled to half of last years income tax. If he doesnt pay you then in your divorce papers you need to ask for half. This year he cant file joint this year because we werent together 6 months. If you have no income you cant file for an income tax return.

Answer 7

No, you can't file without income and if he has already filed, there isn't anything you can do. Sorry you can't get any of the refund if he filed.

Answer 8

If you don't work, you can't file. The issue should have been spelled out in the divorce, but if not your attorney can handle it for you.

Answer 9

Contact the lawyers, the CPA, and Oprah. Call David Letterman and Dr. Phil.

Answer 10

get an attorney right away. i don't know what the steps are. but i do know that you are entitled to a portion. he does not have custody of your kids therefore he can't claim them. that money is for your kids not for him. i know that when i divorced my ex, he claimed our son and i received the portion for my kid back.

get an attorney, go to a woman's right organization. there are many who provide legal advice. if you can't afford an attorney since you are not working, then go online to the irs or call your local office. ask them what rights you have. and if he has committed fraud.