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Question

if i claim my wife on my tax return online and she changes her mind is that fraud?

Submitted: 251 days and 13 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Posted by LawTalk 251 days and 13 hours ago.

Info Request

Good afternoon,

Are you filing married filing single. or married filing jointly?

Have you already filed on line?

If yes, how long after filing did she revoke her consent?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.

Regards,

Doug

251 days and 13 hours ago.

Reply

filed joint and yes filed online and one month later because i had to use the money to take the place of debt between us that was being taken out of my pay check

Posted by LawTalk 251 days and 12 hours ago.

Info Request

Good evening,

Ok, so you filed married filing jointly.

Was the refund deposited into your joint account--yours and wifes?
Did your wife also sign her name to the joint return, or did you sign it?
I'm not clear as to what it is youir wife is upset about?

251 days and 12 hours ago.

Reply

deposited to my account, not joint

it was online no signature was required

she was upset that she didnt get any money due to the fact it was used for our debt

 

Accepted Answer

Good evening,

If all the statements you made in the filing of the return were truthful, and you had your wife's permission to file when you did, then your wife has no recourse for you having spent the money. Since it was used to pay for marital debt, she just needs to understand.

However, I see no legal recourse by her against you at this point in time. However if she divorces you in the near future she may well try and claim part of that refund in the divorce.

Best of luck to you.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 3/16/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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