Legal Question in Family Law in New York
join IRS check dispute after divorce
My x-wife received an IRS check after our divorse in both names because we filed joined return. She attempted to cash check without me, but was told that my signature and presence is required. Then she asked me to cash the check and agreed verbally that she will give me half this check amount. She then sent me a check in 1/4 amount. I'm taking her to a small claims court. Do I have a legit case? What can I expect? Thanks for your reply.
Asked on 10/07/05, 4:19 pm
1 Answer from Attorneys
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: join IRS check dispute after divorce
I think you are on firm ground. Emphasize that she could not cash the check without you and you agreed to endorse the check only after she agreed to give you 1/2. That agreement (exchange of promises) is crucial.
Good luck.
Answered on 10/07/05, 4:50 pm