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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16317
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I'm married in the state of Maryland (Prince 's County). My

Customer Question

I'm married in the state of Maryland (Prince George's County). My husband file taxes in which I have't signed for the past 4yrs. Last year we got married in Feb. He claimed both my sons from a past marriage as dependents which are in my custody.The fact, that I just got out of a 10yrs divorce (Sept 4,2013) the year before. But, I was receiving disability funds for a while....way before we got married back in Feb/2014. The disability I was receiving was stopped, because of my income status coming from this current married. I later was approved to receive Child Support according to the state laws from my past marriage. Furthemore, the Dept. of Child Support mail a statement ordering that I pay them back some of the Child Suopprt money called an "Recoupement " payment acct. arrangement. My questions are how is he able to file taxes without my signature this long? Can Child Suppoort Dept. make me pay that amount of money back.....due to the simple that they made an error on their part in proc
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there -

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Can you tell me the reason why the state of Maryland is seeking a child support recoupment from you? While you were receiving social security benefits based upon your lower income at that time, did you also receive any other type of public benefit for either you or your children (such as medical insurance or food stamps )? Are they seeking this recoupment because you received such benefits and HE was claiming them as dependents on the tax return (effectively, he either (a) filed a joint tax return which looked as if you all lived together, OR (b) claimed that he lived with them and supported them for the year in which he claimed them as dependents) ??

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If you can answer these questions for me, I can give you a little more information regarding what you can try to do to get the recoupment either reduced or dropped. In the meantime, the answer to your first question regarding the filing of the tax returns is as follows: He probably either prepared them himself or whoever prepared them for him simply took his word that you were married and living together and that he was permitted to claim the children on the return also. Either way, tax returns can be prepared online and submitted online and the IRS and the state taxing authority never need or see the signature of the people preparing the returns and submitting them online. Instead, there is a certification box that must be checked off to state that you are YOU and that you agree to file the taxes jointly and online -- your estranged husband probably completed these certification himself on the online tax return and simply pushed the SEND button on his computer to send the returns to the IRS and the state.

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