USC filed joint taxes without my consent

[caliliving 606]

Totally off topic, and i apologize if this is not the right form.

 

my USC husband sent our tax return in, without my consent! i moved out and he had my tax return and would not give it to me!  we owe back taxes of $1900 bc he filed wrong a few years ago.Upon me fighting with him about it, he said he filed and would use the money to pay our back taxes. Well, he got the 1900$ and obviously spent it (so he says 1900, it could have been more!) this of course, is all from my salaried job which is 70k/year (on the books he doesnt work)

 

unfortunately, me the greencard holder, has a decent salary and my USC husband works under the table.  Therefore, they will come after me!

Can i file taxes as married filing seperate and then see what happens? or should i charge him?  i am going through a divorce right now with him so what is the best course of action?  we have no children or equity so i was hoping it would be an easy divorce down the middle. 

 

im more frustrated bc now he spent my tax return, but also, we owe the IRS 1900$ (which is now 1700 bc i gave them 200$).

 

oh, he did NOT use the money on our back taxes!!! he spent it! so now we (I) owe the 1900$ back taxes! 

 

also, how did he cash the check without my signature?  

 

 

Edited June 24, 2018 by caliliving

[Jojo92122 1,924]

Did you sign the tax return?  Did he forge your signature on the tax return?

 

How did he cash the check?  If he deposited it into your joint bank account, then contact the bank to get a photocopy of the front and back of the check.  It wouldn't be good for him if he forged your signature.

 

CA is a community property state so it doesn't matter if didn't earn anything on the books and it's all from your salary job. 

 

If you signed the tax return and the money was directly deposited into a joint account, he is probably entitled to all the money in the account as a joint holder.

[caliliving 606]

4 minutes ago, Jojo92122 said:

Did you sign the tax return?  Did he forge your signature on the tax return?

 

How did he cash the check?  If he deposited it into your joint bank account, then contact the bank to get a photocopy of the front and back of the check.  It wouldn't be good for him if he forged your signature.

 

CA is a community property state so it doesn't matter if didn't earn anything on the books and it's all from your salary job. 

 

If you signed the tax return and the money was directly deposited into a joint account, he is probably entitled to all the money in the account as a joint holder.

we have no joint account.

he cashed it without my signature. how? i dont know, i didnt sign anything.

 

[Jojo92122 1,924]

2 minutes ago, caliliving said:

we have no joint account.

he cashed it without my signature. how? i dont know, i didnt sign anything.

 

Where did he cash it?  Check their policy for cashing checks made out to multiple parties.  See if you can get a photocopy.

 

There is no way anyone is going to tell you how he cashed the check without your signature.  Maybe he forged it.

 

If you didn't sign the tax return, then you need to contact a lawyer to get the IRS to consider you an innocent spouse.  Right now, you have already filed your tax return in their system and your 2nd tax return would be rejected.   

 

You will have to decide how much time, effort, and money to fix this.  You can go after him or you can write it off.  Pay off the taxes you jointly owe and forget about him or ????

 

Best of luck

[caliliving 606]

Just now, Jojo92122 said:

Where did he cash it?  Check their policy for cashing checks made out to multiple parties.  See if you can get a photocopy.

 

There is no way anyone is going to tell you how he cashed the check without your signature.  Maybe he forged it.

 

If you didn't sign the tax return, then you need to contact a lawyer to get the IRS to consider you an innocent spouse.  Right now, you have already filed your tax return in their system and your 2nd tax return would be rejected.   

 

You will have to decide how much time, effort, and money to fix this.  You can go after him or you can write it off.  Pay off the taxes you jointly owe and forget about him or ????

 

Best of luck

thank you! appreciate this!!! i didnt even realize the check came addressed to us both. appreciate the help

[TBoneTX 45,288]

Thread is moved from Off Topic to the Effects of Major Changes forum.

[CEE53147 559]

You have a problem is in prior years he worked off the books and you filed a joint return. You would be complicit in the fraud. I suggest you consult an attorney.

[Randyandyuni 2,682]

and you do not need a joint account for direct deposit, when/if he e-files taxes you can direct it to any bank account, also, there is a pin not a signature used to "sign" an electronic tax return

[Villanelle 4,122]

contact the IRS and explain the situation. they have programs called injured spouse relief and I cant remember the other one, but they can separate you from his debt in some cases.

[jskibo 588]

Seems a bit odd they would not have garnished the refund if he owed.

 

When I owed previously they deducted what I owed before ever depositing the refund in my account.