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MequonCPA
MequonCPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2324
Experience:  CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.
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Resolved Question:

I think my ex husband is trying to cheat me out of my half of our jointly filed 2009 tax return. My Separation Agreement required that we file a joint tax return for 2009, which we are in the process of doing (after having gotten an extension). Our Agreement states, "The parties shall share equally in any federal or state income tax liability, or federal or state income tax refund, assoicated with their 2009 personal income tax return." My ex-husband owns a business, the income of which is reported on our 1040. He is attempting to tell me that he deserves a greater portion of our refund (which looks to be a substantial amount in the range of $10,000) because it is associated with his business income and not just his personal income. Our only income was from his business anyway so I don't even understand his argument. I don't know what to do to protect myself. Could he possibly he have a valid claim?
Submitted: 4 years ago.
Category: Tax
Expert:  MequonCPA replied 4 years ago.

Dear ugbb1n7j =

 

The document is explicit that it is 50/50, whether refund or balance due. The source of the income has no bearing. I would guess, that if there was a balance due, he wouldn't be arguing to pay a larger percentage because more of the income came from his business.

 

It appears that there are enough dollars there to take him back to court if he doesn't live up the terms of the agreement.

MequonCPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2324
Experience: CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.
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