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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7455
Experience:  Just Answer consultant at Self employed
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Divorced in January of this year. Ex-wife amended tax

Customer Question

Divorced in January of this year. Ex-wife amended tax returns for 2012 and 2013 and we were both notified of a return due us exceeding $3,500. Just found out ex received checks, forged my name, and cashed. How is this legal?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Have you talked to a lawyer yet?
Customer: No, just found out this information. Copies of cashed checks are being mailed to me by the IRS.
JA: Anything else you think the lawyer should know?
Customer: Just that we were divorced earlier in the year, and she filed the amendments without my knowledge in April. How can she even file for an amendment to our joint tax returns without my knowledge or consent? Can't this have the potential for negative repercussion in the future?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

If she forged the document, that is how it would be done without knowledge;

That is a criminal offense so there are 2 ways to recover:

1. filing a criminal complaint with the local police (forgery, identity theft); if convicted, the defendant is normally required to pay restitution to the victim (reimbursement for financial damages)

2. filing a civil suit for fraud and constructive trust; if proven, this will result in the award of monetary damages- and may include the award of attorney fees and costs.

This covers the innocent spouse doctrine but that would only apply if the forgery occurred during the marriage (while a decree was pending): https://www.irs.gov/irm/part25/irm_25-015-001.html

Meanwhile one can request copies of the amended documents from the IRS to determine what actually was amended, then if need be one can then ask the IRS to reinstate the original tax return and disregard the forged one.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

checking in on the above;

thanks for using JA