Legal Question in Family Law in Texas

My husband and I have been separated for almost 3 weeks now and are discussing divorce, however it is time to file for income tax refund and we have both worked all year, and we have two kids that I am keeping, and I will get custody of. My husband is tellilng me that when we file, he gets back his money that he is supposed to get for working that year, and I get back however much i would get back for the year as well, but he gets half of what we get back for the children because they are his as well, I thought that i would get that since I have the children to help provide and care for them, but he insists that he gets half of that money because both kids are biologically his and is threatening to sue me if i do not give him this half of the money. I am trying to find out if what he is saying is correct, because if it is and he has a legal right to that money, then I have no problem giving it to him, but if he is just trying to frighten me into giving it to him by saying he is going to sue me then i need to know what my legal rights are in regards to this, so please contact me when you can and let me know what the law really is.

Thanks,

Brittany


Asked on 1/24/12, 8:14 am

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

I am a board certified specialist in the field of family law practicing in the general Houston area. I would be glad to visit with you concerning your question if you would give me a call at 713-600-5500. In your narrative above, you did not state whether this is for 2011 taxes or 2012, or whether the two of you file jointly or separately.

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Answered on 1/24/12, 8:22 am


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