I was legally divoced in 2007. We were audited for our 2006 taxes which we were married at the time and filed jointly. My X received a refund recently and is only trying to give me 1/4 of the amount. He states that his accountant told him that was the amount to give me. Is he legally obligated to give me half the refund?
Asked on 2/23/11, 6:40 am
1 Answer from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
Unless your marital settlement agreement or final judgment of dissolution states that you and your previous husband shall divide any refund in a specific manner, you, as joint filer, are entitled to one-half of any refund. The accountant may have based his advice on financial income rather than legal rights.
Answered on 2/23/11, 8:46 am
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