Wife has been preparing taxes for over ten years. We separated in March. She signed my name to 1040 tax form, wants 1/2 of retirement, 1/2 of 401k, and Im paying out $600 child support. There was infidelity on her part and she left with daughter. CAn I fight back at all with that tax document being forged?
2007-11-25 17:06:10 · 11 answers · asked by Charles C 1 in Business & Finance ➔ Taxes ➔ United States
First is she the legal tax preparer, and has she signed your name in the past?
"wants 1/2 of retirement, 1/2 of 401k, and Im paying out $600 child support." have nothing to do with tax fraud. That is just a rant.
If you allow her to sign your previous tax forms, there is not much you can do except go to court and request your share of the tax money.
If however she is not authorized and has never signed your forms in the past, this becomes a felony and you have a interesting case. Depending how far you want to pursue it. It will also mean lawyers and court time to resolve.
2007-11-25 17:23:22 · answer #1 · answered by Carl P 7 · 0⤊ 0⤋
How did she get your w-2...and what state do you live in? In most states now, they do what is called a no fault divorce...meaning the court doesnt care why your splitting up...you shoudl have some kind of legal paperwork stipulating child support, and yes if you get a divorce, she is entitled to ahlf of both of those retiremnt funds unless you make a deal in writing. Better start chatting with her..or my advice is to buy an hour or two from a divorce attorney
2007-11-25 17:11:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, she commited fraud on taxes, in front of the federal government, it is a criminal offense, fraud, misrepresentation, and civil actions as well that you can take.
Actually, her one mistake can cost her a whole lot in this case because she can actually go to jail in this case.
You have a lot of bargaining ability here. Hire a lawyer, and basically put it on the table that you will not press charges if you get x, y, and z. She should really give you whatever you want becuase jail sounds a lot worse .
2007-11-25 17:10:13 · answer #3 · answered by FunkyMonkey 5 · 1⤊ 0⤋
If she forged your signature on a federal income tax return, you can make life very miserable for her. I suspect she also forged your signature on the refund check, since the refund would have been made payable to both of you if she filed a forged joint return.
Seek legal advice.
2007-11-26 02:08:15 · answer #4 · answered by acermill 7 · 0⤊ 1⤋
Sounds like you need to hire an attorney. Do you live in a communitity property state?
2007-11-25 17:09:00 · answer #5 · answered by The Zabler 2 · 0⤊ 0⤋
Yes, you can report , her to the IRS. Alternately, you can tell her that if she doesn't get real over the settlement, you are going to report her to the IRS, and maybe then she'll change her demands some.
She had to sign not only the return, but also the refund check.
2007-11-25 17:10:30 · answer #6 · answered by Judy 7 · 4⤊ 1⤋
If anything, protect yourself for the future! Don't you have a divorce lawyer?
2007-11-25 17:10:45 · answer #7 · answered by illunatic 2 · 0⤊ 0⤋
Absolutely, but it is not going to get you anything but the money back.
2007-11-25 17:08:54 · answer #8 · answered by gator_ce 5 · 0⤊ 0⤋
report her for tax fraud to irs.gov
2007-11-25 17:08:38 · answer #9 · answered by colley411 4 · 1⤊ 0⤋
YES! Forgery is a crime!
2007-11-25 17:08:22 · answer #10 · answered by Anonymous · 2⤊ 0⤋