Legal Question in Family Law in New York
My now ex-wife stole my 2006 tax return in its entirety. We were in the process of a divorce but she convinced me to file jointly to get the full benefit. She claimed no income that year so the refund was from my salary. After supplying the accountant we had used for years with the information she contacted him and had him change the direct deposit into our joint account, a process we used for years, to a check and used her parents address. For months she told me the money had not yet been deposited and I later found out what she had done when I received social security documents that had been sent to her parents address, an address I had never used. I did nothing assuming this would be addressed in the divorce settlement however the issue was not considered. I was unrepresented for most of my divorce as my attorney took off with my retainer (and was later arrested) The 2007 return was awarded 75% to me and 25% to her. Is it too late to do anything about recouping this money? It was about $10,000. Are her actions considered fraud? She falsified the address on the document without my consent for the sole purpose of stealing from me. Please tell me if I have a case and what court I would appeal to. Also, is the accountant liable for conspiring with her?
1 Answer from Attorneys
The truth is, no you do have any recourse. Check the stipulation of settlement, it probably says that you have settled all outstanding financial matters and all claims are now closed. If you would like a free consultation you can contact me at jrslaw@optonline, or 516.746.4747.
Joel R. Salinger