Legal Question in Family Law in New York

Income Tax Liability

We are getting divorced. Wife never had enough money pulled through her w-4. This is the 5th year we owed over 3k. I tried to get her to fix her w-4 and she refused. Now we are seperate, limited resources, and she wants me to split the tax owed again. We do have a divorce action pending. If I filed alone, I would get almost 1K back, but because of her ''mistake'' again, I will owe her half of 3K. What is the legal end, and what would a judge do? I have custody of the kids, she left the home, and makes 20K more than me. She was abusive. Hope thats enough info. Thanks.


Asked on 3/10/04, 9:22 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Income Tax Liability

Your tax liability with IRS may remain the same, but you are not required to file joint returns with your spouse, whether retroactive, currently or in the future.

But, the State Court having jurisdiction over your divorcc can allocate the equities between the two of you, that could redress or imburse you for your outlays or tax liability.

You should have an accountant review your filing and tax situation, possibly refile prior returns, and assess what is the best way for you to proceed.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/11/04, 1:02 pm


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