Legal Question in Tax Law in California

Ex-husband forging my signature on refund check

My ex-husband is receiving a $7,000 refund check from a joint return, tax period is 2001. We divorced in 2003 so this refund should be divided between us. Apparently he has been signing my name to all refund checks, both state and federal, and I want him to be stopped. Has he committed fraud? Form 3911 needs both signatures to track a check that he has cashed so that is out, Form 3949A seems appropriate but will the IRS do anything to help me for a $7,000 amount?

What can I do to receive my half of this check? The divorce decree in 2003 said that the 2002 return would be filed as a joint return just as the 2001 return was jointly filed.

Thank you very much for any assistance you can provide. I will take him to small claims court if need be but what ever you advise, I will follow.


Asked on 2/01/06, 1:15 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Ex-husband forging my signature on refund check

you may be able to use Form 8379 - Injured Spouse Allocation. you should retain an attorney or cpa to assist you with this issue. otherwise, you may be able to obtain assistance at:

http://www.irs.gov/advocate/

small claims court is always an option, but collecting on the judgment may not be easily accomplished.

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Answered on 2/06/06, 6:58 pm


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