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lawdawg · Mar 17, 2009, 12:28 PM

I am getting divorced in the state of FL. My ex and I agreed to split last years income tax return and now she feels that she is entitled to all of the return. Can she be prosecuted for not giving me my half and if so by whom?

JudyKayTee · Mar 17, 2009, 12:30 PM

Your Attorney should handle this as part of the divorce, undue enrichment.

If she forged your name and put the check in her account, then you can contact IRS - but I doubt they will do anything.

ballengerb1 · Mar 17, 2009, 12:36 PM

Weren't both your signatures required to cash that check?

lawdawg · Mar 17, 2009, 04:57 PM

Thanks Judy, I have already notified my attorney and that process is well as you know slow. But things are moving along. It was an agreement that was made between me and her and she just all of a sudden felt entitled to the money. It was actually written in one of our Marriage settlement agreements that we would split it.That is why I was wondering about the criminal aspect if I don't get it back.

Ballenger the return was turbo taxed as we had done prior. So it was electronically sent to her bank. Turbo tax wouldn't have questioned the return because we had filed like that last year. I appreciate both your responses.