Legal Question in Family Law in California
Tax Refund sent to couple that is separated
My husband and I are separated for almost 2 years. Marital settlement agreement is signed and attorneys are paid off. We are due any day to get a 11K check refund from IRS payable to us jointly, but goes to his address. It is legally both, but he said he is taking it. Possibly forging my sig at bank. DA wont' do anything until their is a crime. Bank said they would not accept check without me being there with ID. I know he has something up his sleeve to get the check cashed. What can I do?
3 Answers from Attorneys
Re: Tax Refund sent to couple that is separated
The IRS will attach his bank accounts etc to regain the money if he forges your signature. This could delay your receipt of your share of the IRS refund.
Reply: Tax Refund sent to couple that is separated
I suggest that you contact the lawyer that represented you in the negotiation, preparation and approval of the marital settlement agreement.
If there is still a joint account out there, it can easily be deposited into that account and disbursed from there.
Good luck to you.
Brian Levy, Esq.
www.calattorney.com
Re: Tax Refund sent to couple that is separated
Contact your counsel to make certain check goes into attorney's trust acct and split from there or to another account where both can receive their share. May need court OSC hearing to "direct" your ex to properly respond.
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