Asked 4/15/2011
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What happens now? Idiot soon to be ex husband didn't file taxes for 09 and 10 because he wanted to claim the kids and he didn't want to give me half of the return. Well he had to file taxes because we are now filing bankruptcy before the divorce is over because he's not going to qualify for it after the divorce. He got the one check in and tried to get me to sign it saying he would give me the other total check to give me my half, but my lawyer and his lawyer told me not to sign it. So I didn't, he's now saying he's going to throw the check away and file bankruptcy on his own (even though I know he won't qualify for it) because he'd rather throw away his half of 13,000 dollars than give me and the kids half of it. Can I call the IRS and get a new check? How can I cash it if it is in both of our names? What happens now? I put in an email to my lawyer but he's dealing with some personal problems right now. Ever been in a situation like this? How did it turn out? |
Answer 1/3 - Submitted 4/15/2011
Can't say I've been in that situation before but if you both have attorneys, you best bet is to listen to yours, not his. Ignore you idiot soon to be ex. That's why you have an attorney. You should call his office and see if anyone has taken over any of his caseload, if possible. You can call IRS but they'll probably have you fill out form after form before making a decision. Try and be patient and follows the legal advice from your mouth piece.
Answer 2/3 - Submitted 4/16/2011
If he throws the check away, you can always request a replacement from the IRS. They are unlikely to provide you with separate checks, each for half of the amount.
But in the bankruptcy, you and he have to list that refund as an asset, each of you with half claim on it.
My advice would be to presume you aren't going to get that money for budgeting and planning purposes -- soon-to-be-ex sounds like he's going to make life difficult for you all around -- and still aggressively attempt to collect it.
Answer 3/3 - Submitted 4/20/2011
Thanks, his lawyer must have gotten a hold of him because he stopped being stupid yesterday and is giving me my half today finally. Our bankruptcy lawyer told us to spend most of it because they can only protect 8 thousand of it so he's going to buy a car and I'm moving out to an apartment and getting a couch and some things to spend it down. I shudder to think how things are going to go once the lawyers are out of the picture though. He's a jerk!
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