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

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. 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 only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is philsmithjr@worldclasslawyers.com.


  2. 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. 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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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