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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111480
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife and I separated in Sept 2013 and uncontested divorce

Customer Question

My wife and I separated in Sept 2013 and uncontested divorce in South Carolina based on one year's continuous separation was final in March 2014. Marital settlement agreement accepted into court. In early 2013, while still married and together, I took out a 401k hardship withdrawal of $2,600 that we used to pay for my wife's dental work and it was never paid back to my 401k. Just this week, I received a tax bill for $749 because that amount was not listed as income on my 2013 taxes. We filed a joint, married return. I paid the bill and asked her to pay for half and she has indicated that she has no responsibility for the unpaid taxes.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If this was taken for a marital debt for your spouse, if she refuses to pay for it, your recourse is to take her to small claims court for reimbursement for the taxes upon proving the reason for the withdrawal was for care she required and the court would have to order her to reimburse you for the taxes you paid for money that was for her care and was not addressed ni the divorce proceeding.