Q: Is it legal for me to use joint tax return to hire an attorney?
I have twice requested attys fees and twice have been told i must have an atty to request attys fees. I cannot afford the retainer required by attys to hire one to ask the court if I may be awarded fees.
H filed petition in July of '15 stating he could not afford an atty. I Counter-petitioned and began requesting discovery. When our '15 tax return came in we split it in half... I used mine to catch up on bills and provide for my child. My husband later retained an atty, and i continued pro se.
I obviously cannot defend myself sufficiently and need my own representation.
Would it be illegal for me to use our '16 joint tax return to retain an attorney?
A: Most jurisdictions enter pre-trial orders which must be abided by please check to see if one has been entered in your case. If there is no court order restricting you then it is very common to utilize a refund to pay your attorney . Also, you must not commit any fraudulent act such as signing your spouses name without his permission.
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