Legal Question in Family Law in Michigan

Re: Divorced filed taxes jointly

Does the Judgment of Divorce address the tax refunds? If so, yes, you could ultimately be found to be in contempt of court (after a show cause hearing and a subsequent determination by the judge that you would have to pay as stipulated or ordered in the judgment of divorce).

If the Judgment of Divorce does not address it, the principles of equity would require you to pay half to your ex-husband (certainly that would have been the case had the issue been addressed by the court and included in the Judgment).

Michigan is generally a 50-50 state in property distributions.

Now, you indicate that you were to "keep the money". If the two of you agreed, verbally or in writing, then you are entitled to it. If he makes a big deal out of it, and the "agreement" was only verbal, and nobody witnessed it, you might well have to give half of it over to him.

Remember, too, that by his signing the joint return that the amount of taxes were significantly lower than they would have been had he refused to sign a joint return. Since he was forthcoming with a signature on the return permitting the larger refund, perhaps you could see your way clear to share some part of it with him.

What goes around comes around - a little generosity now might return itself in multiples from him when you need something later.

Hope this helps.

Tom Weiss

Mount Pleasant

Re: Divorced filed taxes jointly

Since the check is made out to both of you, don't sign his name to the check. The potential grief is not worth it. Bill Stern