Wills Point, TX asked in Tax Law for Texas

Q: How do I keep my tax return $ if ex didn't file/pay 1099/our tax for several yrs?

We were married for 20 years and now divorced for 3yrs.

I was a stay at home mom the entire time and my (ex)husband worked in IT- most of his work was contract so when we received his tax forms, they were 1099. Most times he pushed off the taxes to me to file (I had us go to HRBlock) but there were several years in the end of the marriage where I was ill/asked him to do them and he didn't.... So, my question is now that we're divorced and I'm on my own and working how do I get to keep MY tax return money? And possible get any back that I paid the past few years on my salary.... We don't speak so I can't contact him for anything.

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: If neither of you filed for the years in question and the IRS filed for you then you can file married filing separately. This may result in you being able to get back some money if you would have been entitled to a refund. If a joint return was filed then you will likely need professional assistance to see if you are eligible for innocent spouse relief or some other form of collection alternative. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.

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