Sacramento, CA asked in Criminal Law, Divorce, Family Law and Tax Law for California

Q: My ex husband filed jointly the year we were in the process of divorce. I assume he ucollected the full refund amount

Update: I'm not getting a clear answer on this. I only recently (a month ago) found the paperwork. The check should have been reissued in both names "and." How is it the check was cashed or deposited into an account that was solely his, without my signature or knowledge? So what you're saying is, it's not the fault of the IRS that my ex got them to issue a new check in his name only? IF that was the case, I have no copy of the refund check the IRS issued.

He wrote to the IRS claiming the original refund check was lost. I'm not sure of what happened next, but it appears that he wrote a check from his personal account in my name for half the refund amount, sent a photo copy to the IRS. It seems to appear as if he had paid me half of the refund though i knew nothing of the refund or the check he had written to me. He then wrote "void" on the check. What, if anything, can be done at this point?

2 Lawyer Answers
Eric Steven Day
Eric Steven Day
Answered
  • Tax Law Lawyer
  • Henderson, NV

A: If anything can be done, it would have to be taken care of through the court holding jurisdiction over the court. The IRS just issues the correct refund. They are not going to be aware of your pending divorce decree.

Frank Huerta Jr
Frank Huerta Jr
Answered
  • Tax Law Lawyer
  • Fresno, CA
  • Licensed in California

A: If your divorce has not been finalized you should include the claim for half the proceeds. As mentioned by Mr. Day, the IRS will not know what is going on with your divorce. You may also want to call the IRS to request an account transcript to determine when the refund was issued by the IRS.

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