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Spouse filed married joint on 2011 income tax during divorce without my knowledge and kept the money.

Oklahoma City, OK |

My husband cheated on me and moved out of our home in October 2011. We are currently going through a divorce, and he filed his income tax as joint married. I am unemployed and did not intend to file. He did it online and used all my information, including a pin that I never gave him permission to use. The money was directly deposited into his account, and I did not receive any of it. I called the IRS and they are opening up an identity theft case. My question is, what will happen to him? Is he going to be fined? Arrested? We are going through a custody battle, and I want to know how this will effect everything. Also, I receive student aide through fafsa, how is this going to effect me when I go to reapply from student aide for 2012?

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Attorney answers 1


Identity theft? Court's will usually require a joint return if the parties are married and a joint return will provide a financial benefit. Have you spoken to your attorney?

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.



He did it without my knowledge, consent, or signature, and did not give me any of the return. I am speaking with my attorney in the morning.

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