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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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My husband has filed 5 tax returns without my even seeing them.

Customer Question

My husband has filed 5 tax returns without my even seeing them. He also has the refunds sent to his private account. I have never signed one of them. He was violent and I have lived elsewhere on disability for 5 years as well. How do I get my fair share of the refunds? He signed a paper saying that he would give it to me. But I never knew he even filed. I also am not resonsible for mistakes, but he gets lots of money back.
Submitted: 2 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 2 years ago.

Hello,

Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.

I am very sorry to hear about this problem. You have several issues that can not be resolved in one place. You will need to raise the issue with the IRS, California Tax Department and court if he does not just provide you with a share of the return. Signing you name without permission is a crime but that does not automatically solve any issues with the tax departments. Neither the IRS nor CA Tax Department will give you a reimbursement of the money already sent to your husband. It will be up to you to seek compensation from him directly. This is why it may be necessary to file a petition in court either for spousal support or perhaps as part of a divorce action if that is what you wish. Regardless this is something that is best done by having an attorney in the area of family law representing you. If there are tax liabilities associated with the returns there may be some relief available to you.

There are three types of relief from joint and several liability for spouses who filed joint returns:

  1. Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.
  2. Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated because an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible.
  3. Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the correct amount of tax was reported on your joint return but the tax remains unpaid.

If you are not aware of any family law attorneys in your area I suggest that you contact a local domestic violence agency, attorney referral agency or visit www.martindale.com

Again, I am sorry you are dealing with this problem and I wish you the best.

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Daniel Solutions
Daniel Solutions
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Practicing Attorney for over 15 years