Legal Question in Family Law in Indiana

I have been through a divorce last year. Just before she e-filed the tax return as "married filing jointly" at a friend of hers, she opened up another checking account for herself. She then put both of our returns into that account and did not let me have my rightful share of the return. She then squandered it on other things before the lawyers had gotten to see what was there. In other words, she has stolen my tax return from me. I had pointed this out to my lawyer and she had nothing to say.

Since I am paying child support and this happened long before the divorce became final, is there anyway I can show proof this happened, so I can keep my tax return from going to her? If there can be any bit of justice for me, I would like to know how I can go about it.


Asked on 1/23/15, 5:16 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Remember, you are probably talking about her stealing your tax REFUND, not your tax RETURN. The return is the report, not the money.

You can file a return for tax year 2014 on your own, and get the refund. If the refund for your 2013 tax return came in 2014 while you were still married, you already GOT the refund, and therefore it can't be kept from going to her; it already went to her.

It is possible the timing of her keeping this could affect your property settlement, but your divorce attorney is the best person to figure this out.

Read more
Answered on 1/26/15, 7:16 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana