La Salle, IL asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois

Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my knowledge when I went to file my return. He was court ordered to give me half of the return. I only got half of federal, nothing from state so far. But I also filed a paper return explaining the situation and documents showing everything. Can I be court ordered to give him back what he gave me from his tax return?

He filed his return online so didn't need my actual signature to file it according to the IRS and since we are married they said there was no fraud or anything like that which doesn't make sense to me.

1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.

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