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I am in the middle of a divorce. I wanted to file my 2007 income taxes as married-filing separately. My husband has not responded to my inquiries regarding the filing of our 2007 tax returns, so I was planning on filing for an extension.
However, I just received in the mail a copy of a joint tax return my husband filed electronically last week. I did not sign or agree with this joint return. I was not given the opportunity to view the tax forms before they were filed.
My husband lied about his income and expenses in his financial declaration, so I am not confident about him reporting the correct information on our tax returns. Also, my husband has submitted the return with the option of having the refund check automatically deposited into his personal checking account!
My lawyer is in the process of drawing up paperwork requiring that my husband pay me my half of the refund, but given my husband’s behavioral track record (not complying with existing temporary orders, delaying the motion for contempt process, abandoning the family home to foreclosure, wasteful spending, etc.), I fear that I will never see my half of the tax refund without me having to spend an equal amount or more by taking him to court and forcing him to pay it. (To complicate matters even more, my husband also just filed for bankruptcy, so I’m not sure how the money from our tax refund could/would be applied to his bankruptcy settlement.)
Is there anything I can do to stop the joint tax return from being processed, or is there a way to change the tax return so that the refund is not automatically deposited into my husband’s account? What else can I do?
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