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    sjethro00's Avatar
    sjethro00 Posts: 58, Reputation: 5
    Junior Member
    		  
    #1

    Feb 6, 2007, 11:20 AM
    Court-Order to file Jointly, but spouse filed separately.
    My friend is going through a divorce, and they had a court order to file taxes jointly.

    However, when my friend asked his wife about filing taxes together, and sharing the refund, she quickly filed taxes without him.

    Should he file taxes separately, or report it to the court that she broke the court order?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #2

    Feb 6, 2007, 11:47 AM
    Are there children involved? Is he paying child support and is she claiming the kids as exemptions?

    The answer to your question really depends on how much of a refund is at stake and how much grief he wants to go through.

    The best thing for him to do is contact his divorce attorney. His attorney will contact her attorney and her attorney will be able to find out exactly what she did. Then the two attorneys will talk and each will advise their clients accordingly. Best solution without creating a serious face to face confrontation between the exs .
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Feb 6, 2007, 11:58 AM
    Quote Originally Posted by sjethro00
    My friend is going through a divorce, and they had a court order to file taxes jointly.

    However, when my friend asked his wife about filing taxes together, and sharing the refund, she quickly filed taxes without him.

    Should he file taxes seperately, or report it to the court that she broke the court order?
    She is in comtempt of court, this needs to be reported to the judge who ordered it done.

    He should document everything and send it to his attorney.
    sjethro00's Avatar
    sjethro00 Posts: 58, Reputation: 5
    Junior Member
    		  
    #4

    Feb 7, 2007, 08:31 AM
    He doesn't have an attorney.

    And, yes there is a child involved, however the kid is not his, and is from a previous relationship.

    The only major thing being disputed as far as I know is homestead/rent credit. She claimed the rent credit/homestead, when he paid for 90% of the housing that tax year.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #5

    Feb 7, 2007, 08:50 AM
    If your friend doesn't care about upsetting his ex, wants the benefit of the credit, does not have an attorney and doesn't want the expense of an attorney, then I would take Mr. Yet's advice and report this to the judge who signed the final divorce decree. His name and info can be found on the final divorce papers.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Feb 8, 2007, 12:06 AM
    No comment! This is REALLY a legal question, not a tax question!
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #7

    Feb 8, 2007, 04:49 AM
    You are right ATE!:)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Feb 8, 2007, 02:03 PM
    Glad SOMEONE agrees with me!
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