Legal Question in Family Law in Texas
Income Tax return
My husband and I recently decided to get a divorce. This, however, was not decided until AFTER we filed our 2008 income tax. We get slightly over $3000 back. At the time we filed, we agreed that we would split the refund 50/50. it was direct deposited into him personal account since we didnt have the routing number to our joint account. Now, however, he is refusing to give me the money saying since I didnt work in 2008, it's his money. We got $2600 back because of the kids who I've been supporting for the past 6 months with no help from him as he moved out to work on his business. Is this legal? If Iwere to put in the divorce decree that I want the money, do I have a chance of getting it? I want to use the money to pay off a credit card I opened in my name to help him pay for his busines, which he ran up to $5500 in less than 2 months. Could Imake him pay for that, or would it be a communal debt?
2 Answers from Attorneys
Re: Income Tax return
You do have a claim to part of the refund just like you have a community interest in all the assets and liabilities of the marriage. You really need to talk to a good family law attorney. Feel free to call my office for an appointment if I can help you.
Re: Income Tax return
You need to visit with an attorney in order to understand all of your rights regarding a division of your marital estate and necessary child related orders. I am a board certified specialist in the field of family law, practicing here in the Houston area. I would be glad to meet with you and inform you of what you are entitled to receive, or at least ask th ecourt to award to you. You definitely have a claim to a portion of the tax refund. Contact me directly if you care to discuss these matters further.
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