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Income tax


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#1 Bamamom1065

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Posted 20 March 2012 - 04:42 AM

My step daughter and her husband filed for divorce in Dec. 2011. Actually the husband did, he had a girlfriend, but anyway they signed the papers in Dec. 2011 and she has yet to receive her copy of the divorce. She did not have a lawyer to represent her because it was simple. But they do have a son and the mother has primary custody, but since then the husband has filed taxes and claimed the wife and son as dependents for last year. He has since then spent the taxes. Does she have any rights to half of the tax refund?


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#2 pg1067

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Posted 20 March 2012 - 09:17 AM

Bamamom1065 said...

they signed the papers in Dec. 2011

In the context of any given divorce, there may be hundreds or thousands of "papers."  What "papers" are you talking about here?


Bamamom1065 said...

she has yet to receive her copy of the divorce.

A "divorce" isn't a thing that can be copied.  Are you talking about the judgment or divorce decree?  If so, since the divorce was only filed three months ago, what makes you or her think a judgment or decree has even been entered yet?  In a case involving children, getting a final judgment or decree after only three months would be very unusual (although that obviously depends on the state and locality in which the case is filed, and you didn't provide any information in that regard).


Bamamom1065 said...

the mother has primary custody

I assume you're basically saying that the child lives with the mother.  Or are you talking about an actual custody order issued by the court?


Bamamom1065 said...

the husband has filed taxes and claimed the wife and son as dependents for last year.

Since they were married on December 31, 2011, they can only have filed using the "married filing jointly" or "married filing separately" statuses (or one of them may have been able to file as "head of household").  Since, in most cases, one spouse cannot legally claim the other as a dependent when using the married and separate status, I have to assume you mean that they filed a joint return.  When you say that "the husband . . . filed" the tax return, are you saying he did so without his wife's knowledge, consent, or signature?


Bamamom1065 said...

He has since then spent the taxes.

I assume you meant "tax refund," not "taxes."


Bamamom1065 said...

Does she have any rights to half of the tax refund?

It is possible that the husband may have to account for half of the refund in connection with the division of their marital assets.  It depends on the laws of their unidentified state of residence and on a bunch of facts not contained in your post.  Obviously, this woman should be speaking with a local divorce attorney.




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