Legal Question in Family Law in Louisiana

Can I withdraw tax refund money that my ex deposited into our joint bank account after being divorced?

Ok, my divorce was final in December. We were told he had to file as single since the divorce took place in 2009 (although it was in the LAST MONTH). "His" tax refund is being direct deposited into our "joint" bank account. He is not wanting to give me any of it. I think I deserve some of it, half of it, whatever. Anyway, I don't want to get into any legal trouble for withdrawing any of the funds. So, I need to know if I have any legal rights to the money. Thanks in advance for any help.

Oh, I live in Louisiana (I know state laws vary a bit). We were married here, lived here & when we divorced I still lived here & he was living in Mississippi.

I was a stay at home mom (my children are from a previous marriage). I didn't have an income, so no taxes of my own were filed


Asked on 3/31/10, 9:33 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

If you were married for 11 out of the 12 months of 2009, you may be entitled to a little less than 1/2 of that refund, as any money earned by either of you during the community is owned by both of you equally.

If you suspect that he will abscond with the money, you could take 1/2 of it and place it in a secure interest-earning account (do not spend a penny of it) while you let the court decide how much, if any, you are entitled to.

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Answered on 4/13/10, 5:51 pm


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