Can a judge make ex give me half of federal tax refund if she filed head of household illegally?

Asked almost 2 years ago - Los Angeles, CA

I was hoping to do joint. She did hoh. IRS said illegal being we lived together last 6 months of the year. Her wrongdoing gave me a huge irs debt cause had to do married filing separately. I don't have the money to pay. If we did joint, we might of got a refund. She did hoh and believe she walked away with at least a 4k refund or more due ot kids. I see judge next week. Can he make her give me money by 4/15 so I can pay IRS or have her file legally due to the financial hardship she caused by doing something illegal?

Attorney answers (3)

  1. Phillip Monroe Smith

    Contributor Level 18


    Lawyers agree

    Answered . This is a divorce question. You should discuss with this your attorney, or retain an attorney for this purpose.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Samuel R Walker


    Contributor Level 10


    Lawyers agree

    Answered . You have a potential issue regarding your divorce settlement agreement if your x spouse is not complying with a court order. Also, you should not pay the tax due and consult with a tax attorney to discuss fighting the IRS debt as it appears that you may not owe this amount.

  3. Michael Raymond Daymude

    Contributor Level 20


    Lawyers agree

    Answered . I have modified the practice area to divorce to give you additional exposure.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

Related Topics


There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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