My legal husband who I have not seen in 7 years has stolen my SSN and filed a joint tax return on my behalf. Now the IRS is refusing my return. Here's the kicker, he hasn't been paying his child support for about two years now. Last year he had to forfeit his tax return to the state. This year before tax season it was court ordered that he will have to do the same thing again. So basically he stole my information to get a bigger tax return to end up paying me back child support with my own money. I got an IRS affidavit, but I've heard that they won't push through another return until they recover the fraudulent money. This is an absolute nightmare and he needs to be behind bars. What else can I do? Do I also need to file a police report after? Someone please tell me what to do.
And to answer the question on why I haven't divorced such a person yet, I had papers in front of him and he refused to sign knowing that I could not afford a contested divorce just to make my life harder.
Criminal Defense Attorney
A tax return requires a signature which means he committed the crime of forgery. You are entitled to get a copy of the return filed which, if paper, has the forged signature on it. If he filed electronically he signed your name on an authorization form. Yes you should report it to the police and possibly the Treasury Department or the FBI. (It's a federal crime as well)
You should report the fraud to the I.R.S., FTC, and local authorities. I would suggest paper filing your return and submitting any fraud/identity theft reports that you've filed, as this may allow your return to be processed. It may take awhile for the I.R.S. to process your identity theft report, as they are backlogged with these types of issues, but it should eventually be straightened out.
You apparently posted this question twice. See the answers to the other posting also.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.