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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I have been separated for 3 yrs living apart.

Customer Question

My husband and I have been separated for 3 yrs living apart. When we were together I paid my taxes. I am a nurse and had payroll checks every 2 weeks with my taxes being taken out. My husband was self employed and did not pay his taxes. So we accrued back taxes and I was unaware. My husband never bothered to tell me. So I start getting garnished for state of CA taxes for $12,000 while we are separated. He verbally agreed to pay me at least half of money back. Then for past 3 yrs I filed my federal taxes separated from my husband and my entire refunds were taken to pay back federal taxes. 2013 I was getting back $8000 that they took, 2014 was $7000, and 2015 was over $5000. He has not paid anything. Then he promised child support for our 15 yr old daughter in sum of $250 a month over 2 yrs ago and he has paid maybe 3 times at the most. He asked for the divorce and never filed so here I am again paying for our divorce. Advice?
Submitted: 1 month ago.
Category: Family Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can have the court award you a larger part of the marital estate based on this?

Customer: replied 1 month ago.
We have no properties or estate. I am asking if I can ask for at least half of the money I had to pay and for back child support
Expert:  P. Simmons replied 1 month ago.

You can ask for whatever you like...the issue will be where is the money? Is there a martial estate? Is there money or assets you are going to divide because of the divorce?