Legal Question in Family Law in Minnesota
My ex-husband will not give me my half of the renters rebate, what can i do?? It is in the court papers that we divide it equally.
1 Answer from Attorneys
If your divorce decree specifically provides that your tax refunds are to be equally divided, you may bring a motion in family court and request a judgment against your exhusband for the amount to which you would be entitled under your decree. Are you certain, however, that your decree specifically provides for the division of this tax refund, and that it applies to the tax year in question? Does it only provide for the division of income tax refunds, or all tax refunds? If the language of the decree is sufficiently clear, and he is obligated to share the refund with you, then your remedy is to bring a motion in family court. You could also sue him in conciliation court, but generally this sort of relief is best obtained in family court. Bear in mind, however, that the new filing fee for motions in family court is $100. It is possible he could be ordered to pay the amount of the filing fee, but there is no guarantee the court will order that.