My husband and I are going to file for divorce soon. He owes the IRS for some back taxes from before we got married, and says that when the divorce is final I will be responsible for half of his debt. Is this true? If so, is there anything I or a divorce attorney can do about it?
I don’t know if it makes a difference to the situation, but we filed jointly in ‘08 and our refund & stimulus check were both applied to his debt.
My divorce is suppose to final Tuesday. When do you make changes paycheck tax changes at work? Do I need to get a paper that says it is finalized before I make changes? I will be claiming my daughter.
I got divorced in February. My ex is claiming that we should split the stimulus check in the same way that we split the tax return (70/30). In his favor of course. I have suggested that we split it fifty-fifty for everyone but my child, who he pays nothing for. He does not agree and suggests that I contact my lawyer because I am wrong. Does anyone know how this should work?
Good morning! I moved out of the home and filed for divorce on 10/16/2009. The divorce was final as of 01/26/2010. My x-wife and I had an agreement to file as joint since we were still married as of 12/31/2009. She instead went and filed single, head of household, claiming the children, which were my 2 step children. I know I have no claims to the children since they are not legally mine, but I paid almost $25,000 last year in daycare for them both no to mention other bills. My X did not work but 25% of the year last year and might have brought home $20k for the year. How is it possible for her to file this way? Long story short, I have been stuck with a $2k tax bill that I don’t deserve to pay. I have not filed yet and I am unsure which route I should go from here. Tax Attorney? Tax Adviser? Please help! Thanks!
I am shocked that my exnusband filed single when he said it was joint filed
my employer was contacted by irs and said I maybegarnishedif I do notfile mytaxes from2002 and 03. i paid mytaxesthroughmypaycheck butdid notfile becausemyhusbandfailed to tell me he filed mfs . it was onthe rocks then.
Long story…complicated a bit! Please be kind, this is a very emotionally disturbing situation, only serious answers please.
I’ll try to sum it up…
Married in arkansas, resided together in Missouri.
Married almost 4 years, I was a single mother of 3 going back to college when we met, and i had my own home.
we married, I sold my home, we bought a $300,000+ home together.
I had to quit going to college and work full-time because his promise to pay my tuition after we married was not fulfilled.
I quit working all together 6 months later at his request because he works away from home and wanted me home when he was not working.
June 2007, he moved out and got an apartment in arkansas, putting much of the blame on his children, stating they do not care for me.
Has spent much time here in our home since then, with many unkept promises of moving back.
He took a job in Asia 1 year ago and while claims to be working 3 months on and 3 WEEKS off, I just found out that he has not been working all that time and in fact has an asian girlfriend with which he is residing, believed to be in Thailand. yet he will not admit this.
He has since let the mortgage get behind, his vehicle was even repossessed this week.
Although I have had suspicions of all of this, I confronted him manytimes and it was always denied.
I lost my part-time job this week because of emotional upset and inability to work. and have discussed many times about geting a full-time job and each time he simply refuses and says there’s no need.
the emotional upset is because i had not spoken tohim in 7 days, got suspicious, found internet profiles(facebook, myspace) with many asian female friends, learned he’s learning the language, etc. I called the vessel he was supposed to beon and he had left 1 week earlier. learned he had been in bangkok, had lasik eye surgery, then was supposed to fly home on feb. 11th, move home permanently, catch up the mortgage, then on the 11th i got an email from him stating he wasn’t coming home. 5 days went by with no word from him, he claimed he had been in jail for hitting the doctor while at his lasik check-up. Now today, 5 more days later, he confesses its over!
I have no money, a home that will eventually go into foreclosure, an unfinished degree with student loans to pay, 3 children to support, no means to go to the doctor for some type of help with my upset and nervous situation.
His job is a contract position, no taxes withheld, all checks deposited into an Asian bank account, possibley in Singapore. His income averages $150,000 per year. He claims he doesnt have a passport anymore either.
I have suspected, but he will not admit to anything and I’m afraid he may be seeking citizenship in an Asian country and am unsure as to whether or not this will make me responsible for all of our shared debt.
What are my chances of getting spousal support, at least temporarily?
Should I go ahead and file for divorce now? or only tryto seek spousal support and let him show that he is the guilty and abandoning party by waiting for him to file?
***PLEASE***before any snide and hurtful remarks are made, please be aware that the only thing I am guilty for is loving someone who happens to be quite manipulative, hurtful, selfish, quite convincing, and someone whom I have always been able to trust and who I thought was my best friend as well. I am not a stupid person, I am very trusting and have always been an honest person. I am however, obviously a terrible judge of character. This situation has completely turned my world upside down, so please only serious answers from those who have serious educated answers.
I do plan to get an attorney, but have to have finances first and am trying to get a sense of what I may be up against.
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Needing to get my life back after having husband who really tried but couldn’t control himself. Not in bankruptcy yet but it’s a possibility soon.
After seeing my son in laws divorce papers I noticed she signed it using power of attorney. Is this legal and is the divorce valid?
I’m completely broke, getting out of an abusive marriage and my attorney cost is $5000.00 for services and $500.00 per hour? My soon to be ex-husband sat with my attorney for a few hours because he wouldn’t hire one, but I’m stuck with the attorney fees out of the settlement! Even though my ex- asked me for the divorce….Whose side is my attorney on??? My husband will file bankruptcy and let the house go, if I dont settle for 50k, and my attorney agrees it is the best thing to do….My husband hasn’t been making mortage pmts in the last 3mo, doesn’t care if he loses the house…What should I do????The house is worth about $260k, and made up a ridiculous debt of 80k, supposedly money borrowed from relatives..which is a lie.. he rather lose everything before giving me a penny… he’s a cop and due to his dirty jobs, i owe the IRS alot of money….I don’t understand why my attorney is not doing anything about that..I never signed any tax returns or received any cash..he gambled it….
He’s paying $400 more a month than he actually has to for child support. He gets to see his kids only once a year because of distance issues and the fact that he is in the military. They have been separated for 1 1/2 years. She brought them both into bankruptcy while he was deployed, so they are just getting over a chpt. 7.
His credit is ruined.. I have been there for him from day one.. trying to give him advice on what he needs to think about. His ex did a joint online tax return last March by obtaining his employment information. The tax credit went into her account which was substantial. They agreed to split it, but he later found out she spent every dime.
His ex is involved with a man who is currently unemployed, both are having money issues along with the bad credit. She has had to resort to welfare… the next thing I predict is that she will lose her car and eventually her kids.
So, now he has bad credit, has relied on me for money that he has always paid back, however, it is getting old. I know he is in a bind, but I always ask him if he has called his divorce lawyer after the bankruptcy has been finalized, and he hasn’t done that yet… Because it has been 1 1/2 and he originally hired an attorney when papers were served, he now wants to use the same lawyer… that particular lawyer lives 2000 miles away. Her attorney dropped the case.
So now what? I feel like I am taking care of a child, really.
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There are the basic types of divorce:
1. No-fault
2. Fault
3. Summary divorce
No-Fault
If neither partner contests the grounds for a divorce it is considered a no-fault divorce. You both want to dissolve the marriage and move on without laying blame or guilt on the other. Over the last thirty-five years, no-fault divorce has become the dominant basis for divorce. In many marriages, the relationship may be over for several months, the husband and wife are already living separately, and a no-fault divorce simply puts a legal stamp on the new arrangement.
No-fault divorces are more civil than other divorces. Usually, “irreconcilable differences” are cited as the reason for dissolution. The no-fault option is emotionally easier on you. The courts recognize that sometimes marriages fail and there is no reason to get into a heated battle just to part ways. Currently, all 50 states allow no-fault divorces.
Fault
Only thirty-two states presently have laws recognizing fault in some divorce cases. Some of the grounds for seeking a fault divorce may include:
• Adultery
• Physical abuse
• Mental abuse
• Attempted murder
• Drug use
• Impotency
Finding fault in one spouse may affect child custody and division of property. It may also provide an emotional release for one party to find fault in the dissolution of the marriage by being able to blame the spouse.
Summary divorce
Most states offer another option to couples without a lot of baggage involved in the relationship. A summary divorce can be granted to couples with no children and little property to dispute.
Some of the benefits to a summary divorce include:
• Less paperwork to file
• Fewer court appearances
• Easy negotiations
When children are involved
One of the hardest parts about dissolving a marriage is how it affects the children. Often children do not understand why parents are getting divorced and may feel that they are partially to blame. It is important to work with your spouse to minimize the conflict of the divorce and establish as stable a home environment as soon as possible.
In many cases, you and your spouse will work together to determine the best arrangement for your children. If that is not possible, you may want to retain an experienced divorce attorney to help you mediate a good working arrangement. Remember this stage of the process is vital to the emotional well being of your children and should not become bitter and divisive.
If you and your spouse cannot agree to custody and child support arrangements, the court will step in and base their decisions in the child’s best interest. Most states will lean toward allowing the mother physical custody of the children, and assess child support to the father. If the mother is proven incapable of parenting, the courts may decide for the father. Regardless, it is best to work these issues out with your spouse ahead of time so the court doesn’t have to step in.
Dissolving a marriage is a big step in life that should not be taken lightly. Even if you are certain that you can no longer live with your spouse, be prepared for an emotionally draining process, especially when children are involved.
Axley Brynelson attorneys Jodi S. Yin and Melissa K. Warner answer common tax questions that come up during a divorce, legal separation or annulment, such as:
What is my tax filing status while my…