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I was divorced 05/30/11. Prior 7 yrs. we filed jointly and…

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I was divorced 05/30/11. Prior...
I was divorced 05/30/11. Prior 7 yrs. we filed jointly and I pd taxes on home mrgt. several loans, investments, partnerships, and trusts. In divorce all these things were ruled private prop. of my ex and he was awarded everything we owned..All assets except for percent of ownership in an LLC. worth 890,000.00$ It was 46% but somehow became 32% and I have no explanation for that. We also had a trust worth over 1.6 million$ in august of 2008 and after my spouse left me in 2009 our joint account was depleted to 500,000.00$ in beginning of 2011. The entire account was used to pay off a HELOC, a prime line and other loan which we paid taxes for. Their are foriegn accounts and other investments that I have to pay taxes for for first half of 2011. I lost an 800000.00$ home and had many legal bills and dr. bills. we have 2 kids..I cannot get my ex to give me the documents I need to pay my taxes. There are alot of factors involved and very complex. He says he doesnt have to give me the info..Does he? How can I file my taxes if I cant get the info? Is there any help?
Submitted: 6 years ago.Category: Family Law
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Answered in 8 hours by:
3/1/2012
Family Lawyer: Fran-mod,
 replied 6 years ago
Fran-mod
Category: Family Law
Satisfied Customers: 48
Verified
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
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Customer reply replied 6 years ago
Yes I need an answer
Family Lawyer: Fran-mod,
 replied 6 years ago
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
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Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 years ago
Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9,934
Experience: Practicing Attorney for over 15 years
Verified
Hello,
Thank you for allowing us to assist you with this problem.

I'm sorry it has taken a longer than normal time for us to respond.

What tax information are you trying to obtain?
I assume you are filing your taxes a Single and since your ex-husband was awarded everything as you stated, what information are you seeking from him that you need for your tax filing?
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Customer reply replied 6 years ago

 

Well I have to file jointly for the first six months.. there are alot of investment properties , our house, savings. trusts and the main family account.. The court had me pay off over 400000.00$ in loans that he had taken out and I didnt even get credit history for any of them..In the previous 8 filing years, I claimed multiple income sources and assume I have to continue to do so for the first six months of 2011. also, my ex claimed he only made 36000.00$ last year but the previous 8 years he made over 90000.00$ to 140000.00$. I need to know what he is claiming this year. He was awarded out home which we paid over 400000.00$ down on and 8 years of mortgage pmts. plus his student loan, and a HELOC and Primeline which I had to pay off last year. Dont I get some kind of credit for all the interest I paid on all these properties.. Plus the family account we shared was wiped out from being 1.6 million in may of 2008 and between the time he left me and may of 2011 it was totally emptied.. it was an investment account with foreign investments.. I dont have an accounting of where all that money went besides into my ex's checking account.. Plus I was partner in two LLC companies of which one was taken from me. the one I got to keep is valued at over 800000.00$ and we originally owned 46%. Somehow it is now 32% and the only explanation I got was that someone else bought into it..I dont see how that would make me lose ownership percentage.. unless my ex sold some of our shares.. I cant acccess that info to find out..I got the K-1 on that but it looks fishy too.,, cant I get a tax break on all the losses I took in the divorce? I lost over 1.5 million dollars of property..dont I need to declare that.. also our 401k was awarded ti him too. It was over 76000.00$ Can a get a tax break for lawyer fees, dr bills.{he cancelled my insurance..a move in Decembet when I was forced from my home so he could move in with the reason that he could sell it faster than me...Instead he just took it. i invested over 500000.00$ in that home. I want to claim a tax break for all the losses I took in May..My ex is comfortable deceiving the IRS because he made sure I was too broke to hire any help. I am disabled and the mother of six year old twins... he only pays 536$ a month and he is an architect who won best young architect of the year a few years back..The judge decided I wasnt disabled because I didnt have the money to get my doctors to come testify in court..

This divorce has been a model of injustice. I didnt do anything to my ex.. but he is determied to destroy me. The judge said I have a 10$ an hour 40 hours a week but I havent worked since my twins were born. Then he decided to make me wish I was dead so he took my babies and I founght for two years to prove him wrong about me being a danger to them. I have dedicated myself to my boys,,,teaching them to read by age 2, they know their periodic table and can locate any country on a globe. They have been being taught by me since they were born.. but that is just a little of the injustice I had to deal with...I had a "Section A" that was signed and notorized stating my rights to community property..I even had an expert witness come and verify tor the courts that this was a legal document.. The judge looked up and said, " I know what you say this says and what your withness claims but I am going to throw it out..!!!! how does that happen? I have no income as I was the childraiser and my ex got everything we owned plus was able to empty out trust account.. How do I get my account info so I can report the foreign investments,, the buying and selling of securities and the interest earned..I know there was a major amount of deceptive behavior by the attorneys,, the lawyers,, the accountant , my ex and I think the judges too. I wasnt even allowed to defend myself againt his false accusations...the judge told me she didnt have the time or desire to listen

to me...although she had time to listen to his two lawyers filled the room with lies about me for over 20 min straight and then not allowed to rebuttal.. I had to represent myself because I am broke due to my ex and his constant litigating.. Unbelievably ,,,the judge ordered me to pay his lawyer fees!! so in a nutshell...dont i have to file all the loans I paid off and the monies that came out of my trust account? last year we got 20000.00$ back and I should be able to claim all the stuff he does for the first six months? I just need some help.. I have been legally robbed and If I could sue the accountant for breaking out full disclosure aggrement and meeting with my ex"s lawyer in order to find ways to keep me from getting any of what is actually mine.. I want to sue my ex and his family for the cruelty I have endured plus the deception of the courts. I am raising twin boys alone and need some advice or justice or to know how to ile

Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 years ago
Thank you for the information but prior to answering I want to make sure you are telling me that your exhusband wants to file jointly with you ?
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Customer reply replied 6 years ago
No..he is going to file separately..but the diivorce wasn't till end of may...so we were married till then..I guess I file jointly and separately..can I do that? How do I do that..I don't know anything about this stuff..I have never done this before and it is so complex but I can't hire anyone
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 years ago
Thank you for the information. You would file Separate, Head of Household or anything but jointly. You are would not be allowed to file Jointly.

Unless you have earnings or losses on the assets, which you would not since he assumed the assets if I understood your original question, then you do not need his tax information. Tax filings as they relate to divorce can be confusing. I know you stated you don't have money but you may want to go to a place like liberty tax, h and r block or check to see if there are any volunteer tax preparation locations in your area.
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Customer reply replied 6 years ago
There are earnings and losses on the investments accounts. I had to pay off several loans of over 400000.00$ Dont I get any tax credits for paying those large amounts off? Do I get any tax credit for paying my mortgage for the first half of the year? Do I get any tax credits for the loss of over(NNN) NNN-NNNN00$ in assets?
Family Lawyer: Daniel Solutions, Divorce Lawyer replied 6 years ago

I am going to ask to have your question transferred to a tax category so another attorney can assist you.

 

Please do not respond to this post because that will delay someone helping you.

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Family Lawyer: TaxRobin,
 replied 6 years ago
TaxRobin
Category: Family Law
Satisfied Customers: 18,390
Verified

Hello,

If you were not considered legally married on Dec 31, 2011 then you will file single for all of 2011. As you have 2 children, if they lived with you and you supplied more then half of the costs for the home you can file Head of Household. If the children did live with you may also claim them as dependents.

You may not claim any losses on property transfers that were incident to divorce. You may also not claim any attorney fees that you paid due to divorce.

If the loans you wee paying on were for your home then yes you can still use the mortgage interest but no principal. If the loans were for investment property that interest as well can be used.

If the loss of assets had anything to do with a transfer of property to your ex-spouse because of the divorce, you will not be allowed a tax deduction.

Finally, the only tax returns or information that you are entitled to would be any prior returns that you filed with your ex-spouse as married filing joint. You can request those from the IRS but they will not, by law, turn over copies of any return where someone is not the primary or secondary person listed.

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Customer reply replied 6 years ago
The loans were a helicopter and a pma..I didn't lose our trust account..it was supposedly drained to pay off those loans..the judge said the loans were community responsibility...the money came from an investment account that was buying and selling up till it was emptied..I was never given the statements but the bank sent me a letter saying that 138,814.09$ was used to pay off the prime line loan and that 79,185.91 was applied to the HELOC..SO can I claim these on my taxes? And I did lose my home to my ex but I paid mortgage pmts of 3400.00$ for the first six months of the year...do I declare alimony and child support? What about car repairs or dr.fees.? I really need alot of help..I will compensate you for your continued assistance getting my taxes filed.. PLEASE..take into account that I am a single woman living 1000'S OF miles from my family and friends..I have been in a three year divorce case that has destroyed me financially and mentally..well not. Completely....I have six year old twin boys that are my reason to live..I can't even move back home without leaving my babies...My ex falsely accused me of being crazy and after 25 years of being with me..suddenly ..literally overnight...decided to leave me and take my babies...he failed to take my boys..I proved I am a great mother..and now he is purposely trying to make me fail.financially..and therefore make me unable to cars for my boys.......HE GOT EVERYTHING WE HAD! Our 800000.00$ home..our 540000.00$ savings account..our investments. And I had to pay off HIS loans.. It is insane..and I am alone in Las Vegas with two little boys and a daddy who wants me dead...and I didn't do anything to warrant this...really even he doesn't have something to say that I did wrong..He just says I am not good enough...,.....SO I BEG YOU..GIVE ME SOME GUIDANCE..DIRECTION..HELP...I AM TIRED OF TELLING MY STORY OVER AND OVER..PLEASE ..I.DON'T HAVE ANY LARGE AMOUNT OF MONEY BUT I WILL BE AS GENEROUS AND FAIR AS I CAN..THANK YOU..PAULA.
Family Lawyer: TaxRobin,
 replied 6 years ago
The only way you can claim the loan interest on any of that is if they were for business or your personal home. If your HELOC was used to improve your home, you may deduct interest on lines up to $1 million ($500,000 married filing separately). If your HELOC used for other purposes, you may deduct interest on lines up to $100,000 ($50,000 married filing separately).
If they were for business then it would be claimed on the business return. Only the interest amounts are deductible not the principle amounts.
If you are paying alimony then you may use that as a deduction on your 1040 but not child support. Child support is never a deduction to the payer or taxable to the receiver.
As far as him not giving you really relevant information (interest amounts and joint liability info) you are to file with what you can find out and what you know. If the iRS were to question the amounts you would need to show them the information you have. You should be able to get the interest amount from the bank and your medical bills you should not have a problem getting. The lawyer fees are not deductible unless they itemized out what you paid for any advice on the taxablility of any amounts and then you could just use that portion.
I sympathize with your situation but would do you no good if I did not stick to the tax law. The last thing you want is someone to feel too much and give you advice based on compassion rather than true tax information. You need not offer more money, your deposit was made and when you accept or give your opinion I will be credited with the assistance to you, nothing more is required from you.
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