Do I have any right to this?

[April78945]

As you know, Wayne and I have been seperated since June of last year. When we filed taxxes, we filed married filing seperate. Told the accountant we were seperated and all that was legit. Anyway, we had to go there today to sign the forms and we are getting back close to 10K. I was all happy and starting to plan for what I was going to do with MY share when Wayne pops out with "you didn't start working until January, **** you"...so, now I get nothing. He said he would buy the kids school clothes and that's it. I didn't even want anything for myself, just wanted some money to get ahead on bills and put some away for when Caitlyn needs something for school or dance class or if my car breaks down. Seeing how I am not legally seperated and there is no order for child support, am I screwed? I don't even want half, just like 2K would help a million.

[cabby92]

If you filed married filing seperate you each did your own return. Talk to your attorney before he gets his refund to see if there is anything you can do.

[ElleGee]

I have no clue...... If he claimed you as a dependent then I would think that you'd have some right to the money.. Especially if your name is on the check as well. He cannot cash it if your name is on it. But I don't know

[taz69]

Did he list the kids as deductions? If he did, I would think you are entitled to some of the money.

[jasmine]

each child I believe is worth $1000. so that should be split.
Also, if you do go in for divorce, or atleast call a lawyer NOW, and ask about this because when I went through my divorce, it was split 50/50, and I did NOT work.

[whatever]

the check should come in both of your names. I would not sign UNLESS you make him fill out a paper saying an amount you would like. And sign it. Now you have a contract. And if he renigs, you can take him to small claims over it if you wanted to. IF he forges your name he's in deep do do. Because that's now a felony I believe.

[BrightEyes]

the check should come in both of your names. I would not sign UNLESS you make him fill out a paper saying an amount you would like. And sign it. Now you have a contract. And if he renigs, you can take him to small claims over it if you wanted to. IF he forges your name he's in deep do do. Because that's now a felony I believe.

married filing sperate the check will be in HIS name only, like someone else mentioned earlier that means you EACH file your OWN taxes.

[dinosmom]

Married filed separately means that you each will get a check for what you are owed back. Is the $10,000 just from his return? If so, then I think technically you are not entitled to it. I THINK! I would talk to your attorney ASAP!

[cabby92]

married filing sperate the check will be in HIS name only, like someone else mentioned earlier that means you EACH file your OWN taxes.

Exactly.

[dianepost]

IMO you have been working since the kids have been born. He has a lot of nerve telling you that crap about working. Is there a reason you couldn't file as head of household?
I am sorry you have so much to deal with. If you are getting one check that you both sign then i wouldn't sign it until he is reasonable about this, and if he forges your name, then thats a whole other story.I wish you luck on this.
Any tax experts that can help April out there?

[sunniekiss]

If you didn't begin working until January 2009, why would you need to file a tax return? If you didn't have any income why would you file?

Most important, why isn't there a child suppport order? April, my dear, you need an attorney ASAP. Do not rely on his word if buying the kids anything. Do you have a separation order?

[Urban Cowgirl]

he is a POS if his opinion is that you don't deserve any because you were not working!!! Send him a childcare bill!!! I have no idea what your entitlement is legally, but gosh he is a prick.

I am shocked that you are getting so much back, I have never heard of someone getting a refund that big...you sure its right?

[jasmine]

he is a POS if his opinion is that you don't deserve any because you were not working!!! Send him a childcare bill!!! I have no idea what your entitlement is legally, but gosh he is a prick.

I am shocked that you are getting so much back, I have never heard of someone getting a refund that big...you sure its right?


depending on income and # of children, people do get that much back. Once I started going to H&R block to file taxes, we have never gotten so much back in my life, don't know if it's because of H&R block, but I will always continue to use them LOL, We got back close to $7000

[ma4angels]

I really hope that you got some of this return. I would demand some of it through my lawyer. I wouldn't give him a choice. I would demand half of it before he even gets the check back. I hope that you have talked to you lawyer about this. I will be praying for you. I remember when I was first separated from my ex dh He wanted to file together for the last time because he was in business for himself and if he didn't have me and my dd to claim on there he was going to have to pay. I told him the only way I would do that if I got the whole check state and federal. Because I was working I could basically file and get just few dollars more on my own. He agreed so I got the check sent right to my bank account. He didn't see a penny. If he used you as a dependent and the kids you are entitled to it too.

[whatever]

he is a POS if his opinion is that you don't deserve any because you were not working!!! Send him a childcare bill!!! I have no idea what your entitlement is legally, but gosh he is a prick.

I am shocked that you are getting so much back, I have never heard of someone getting a refund that big...you sure its right?


depending on income and # of children, people do get that much back. Once I started going to H&R block to file taxes, we have never gotten so much back in my life, don't know if it's because of H&R block, but I will always continue to use them LOL, We got back close to $7000

I just don't see how you could get back more than you paid in. NOT saying they are. But I have seen some people who barely worked on these court shows getting back LARGE sums of money and you just know they didn't pay that much in taxes in to begin with.......

[jasmine]

do you have children? dependents are like 1,000 each, then a credit for filing married/jointly. I don't know what all credits you get to get back more?? that's why I go to H&R block. I do know that my husband chooses to have bigger chuncks taken out on state and federal so we will qualify to get back more at the end of the year. I don't know, I'm not arguing, if it's wrong, then it's on H&R blocks guarantee......

[April78945]

I just don't see how you could get back more than you paid in. NOT saying they are. But I have seen some people who barely worked on these court shows getting back LARGE sums of money and you just know they didn't pay that much in taxes in to begin with.......

He owns his own business so I am pretty sure he is paying in.

[Airbuswife]

we got $11,700 back this year... My hubby is a airline pilot, plus we have two businesses (real estate and landscaping) that we can write alot of stuff off. so im sure if aprils ex has his own business that is a legit tax refund. i'm with everyone else, contact an attorney. what happens if he has it direct deposited and no need to physically "sign" the check?

[cpbaby]

I just don't see how you could get back more than you paid in. NOT saying they are. But I have seen some people who barely worked on these court shows getting back LARGE sums of money and you just know they didn't pay that much in taxes in to begin with.......



My sister worked last year and she got back every penny she paid in PLUS extra(Earned Income Credit) for a total of right at $7000.


April, he wouldnt get this much back without claiming the kids and since he technically isnt supporting them, then I would go to the library, get tax forms, fill them out with his $$ info without him claiming the kids, show them to him and then tell him if you dont get half, he wont get to claim them at all. You can file(even though you dont need to) and claim the kids as dependants. That will tie him up with the IRS for MONTHS and they will eventually find in your favor since the kids live with you and there is not a child support order in place. PLUS if he is self employed(and is as much as an ass as he sounds) he may not WANT the IRS poking around his tax returns too much.

He wants to be an ass? Thats fine, sugar, I can be a b!tch!

[jasmine]

He wants to be an ass? Thats fine, sugar, I can be a b!tch!

LMAO

yep, and when you go through the divorce, make sure you get your fair share of the business

[tarasdream]

in the state of florida if you are still married and have a bank account half of whats in there is yours. i know because i got the crap beat out of me because i took my half

[ssgjeg]

I just don't see how you could get back more than you paid in. NOT saying they are. But I have seen some people who barely worked on these court shows getting back LARGE sums of money and you just know they didn't pay that much in taxes in to begin with.......

WE got back almost $ 9000 this year. Dh claims single and zero at work. When it's tax time he claims married and 6. That's how you get so much back because the government is taking out too much throughout the year.

You get less in your weekly paycheck but a big chunk of change at tax time. It helps us because last year we were able to buy a new stove and this year we bought a new refrigerator. It helps us pay for those things that we would not otherwise be able to afford.

[Urban Cowgirl]

WE got back almost $ 9000 this year. Dh claims single and zero at work. When it's tax time he claims married and 6. That's how you get so much back because the government is taking out too much throughout the year.

You get less in your weekly paycheck but a big chunk of change at tax time. It helps us because last year we were able to buy a new stove and this year we bought a new refrigerator. It helps us pay for those things that we would not otherwise be able to afford.

You would still be able to afford those items and probably a lot sooner if you saved that amount they would be taking out each paycheck...plus you would earn interest on that money while its in the bank! I don't understand all the people willing to give our government an interest free loan!!

[jasmine]

my dh claims regular dependents on his w-2, like normal. Then you have the dependents (children) then the earned income credit...... Don't know, I don't do mine, like I said before, I take it all to H&R block.

Yeah, but getting the one lump sum back at one time is great!!

[magenta]

The kids had to have lived with him at least 6 months of 2008. If they did, then he can legally claim them.

If they filed married-separate the check will be in his name only. If he has it deposited into a joint bank account she is entitled to half. Only because the bank account is joint, not the check. But if the check goes just to him the only way to get any money is to get him to agree to it.

The ass should give her money to help with the bills because it helps HIS kids. But the way it looks, he won't give her a dime just out of spite.

DH & I file jointly. We have seperate & together bank accounts. We messed up a couple of years back and wanted the refund direct deposited, we put in the account that had his name only. The IRS would not deposit the check because it had my name on it too and my name was NOT on the bank account. We had to wait for it in the mail.

[SLance68]

My sister worked last year and she got back every penny she paid in PLUS extra(Earned Income Credit) for a total of right at $7000.


April, he wouldnt get this much back without claiming the kids and since he technically isnt supporting them, then I would go to the library, get tax forms, fill them out with his $$ info without him claiming the kids, show them to him and then tell him if you dont get half, he wont get to claim them at all. You can file(even though you dont need to) and claim the kids as dependants. That will tie him up with the IRS for MONTHS and they will eventually find in your favor since the kids live with you and there is not a child support order in place. PLUS if he is self employed(and is as much as an ass as he sounds) he may not WANT the IRS poking around his tax returns too much.

He wants to be an ass? Thats fine, sugar, I can be a b!tch!

It is very possible if he is self employed and made quarterly tax payments that he could be getting that much back. My boss got over $ 45,000.00 back since he didn't make as much in 2008 as he did in 2007 - but your estimated tax payments are to be 110% of the previous year. So I know 10k sounds like a lot but it is not really that uncommon for someone self employed.

April what forms did you have to sign? If you signed his tax return then you filed a joint return and you are entitled to half of the money.

[sunniekiss]

April, you are getting alot of advice here & some of it is not quite correct.

Are you a part-owner in the business?

I have told you this before, you seriously need to hire an attorney ASAP. Trust me, I went through this several years ago. Do NOt under any circumstances use Wayne's attorney. This attorney is going to look out for the best interests of the person who is paying him. You seriously need to go to court & get custody & child support agreements. Verbal agreements are worth as much as the paper they are printed on. You need everything in writing & signed by a hearing officer or a judge.

Do you realize that right now Wayne has as much right to your children as you do?

Be very VERY careful my dear.

Right now my EX is in arreas on his spousal support since 2005. Today I received a transfer to my checking account for a whopping $2.50! With that amount I can't even afford a dink with my hamburger & fries from the dollar menu at Micky D's. Looks like he lost another job...AGAIN!

[SLance68]

April please re-read Sunniekiss's post several times then get to Legal Aid on Monday morning if you cannot afford an attorney and get this stuff in writing even if it is a legal separation you NEED this stuff in writing. Do you realize that if Wayne decided to take your children and go file for custody that you would play hell getting them back. Also he can legally take the kids and you can do nothing about it since he is one of the parents.

[littlered1]

H&R block is having their free second look weekend... Go there tomorrow and have them look over your taxes for free and ask a bunch of questions while you are there. I would assume because the marriage deduction is larger then the single deduction you should be entitled to some of the money.

[sunniekiss]

April, did Wayne own the business prior to your marriage? That fact can change so much.

Please, please PLEASE promise that you will contact an attorney tomorrow morning. I separated in January 2004 with my divorce being final in April of 2006. My attorney is allowing me to make monthly payments to him. He was the best $7,000 I have ver spent & was worth every single cent of his fee. His main priority was me & my best interests. PERIOD! He got me everything I wanted & more from my husband.

As much as you might want to believe that Wayne will "do the right thing", girl remember he broke the very first promise he made to you as his wife. That promise was to honor, protect & be faithful to you. He broke that promise so what is to say he won't when it comes to money.

Hire an attorney & establish custody & child support. Try to NOT agree with joint custody. With that Wayne could just keep the kids & there isn't much you can do about it. You will be the one trying to arrange visitation & might end up paying child support.

GET A LAWYER NOW!

[Mary Jo]

Get a lawyer ASAP!
Yo could try legal aid for a lawyer or maybe a local university with a law school.
Do not talk to Wayne until you see a lawyer first.

[DAVESBABYDOLL]

I'm going to be frank....if you no longer love him or don't want to be with him, get off your rear, find a lawyer (alot with take payments) file for divorce and custody. If you don't get any of the $10,000 chalk it up to lesson learned. You couldn't trust him when you were "together" so why would you have trusted him to fork over any of the money? And the kids...once he has that money, I would be surprised if he bought them anything. Pretty sure he'll be laughing all the way to the bank.

Once a douche bag always a douche bag. JMO

So, if you want it GET THE FUKK UP AND FIGHT FOR IT.

[sunniekiss]

I'm going to be frank....if you no longer love him or don't want to be with him, get off your rear, find a lawyer (alot with take payments) file for divorce and custody. If you don't get any of the $10,000 chalk it up to lesson learned. You couldn't trust him when you were "together" so why would you have trusted him to fork over any of the money? And the kids...once he has that money, I would be surprised if he bought them anything. Pretty sure he'll be laughing all the way to the bank.

Once a douche bag always a douche bag. JMO

So, if you want it GET THE FUKK UP AND FIGHT FOR IT.

THANK YOU Hippie...well put!

April, you signed tax papers yet you don't really know what you were signing??? Something is just not right here. Ok in the business where I work, my boss is the owner of the business. The business i totally separate from my boss personally. This means that the company files an income tax return and my boss has to file a separate income tax return. The funds from the business can not be intermingled with my boss's personal funds. The business pays my boss a salary.
If I read your first post correctly, I think I read where you signed that you were legally separated which you aren't. While I don't want to alarm you by doing that you kind of signed a false statement. That alone could get you in trouble.
You filed incomes taxes as marriedfiling separately so why did you have to sign with Wayne? Why on Earth didn't you have your own taxes filed by someone doing taxes just for you and not you & Wayne? Remember it was the IRS that got Al Capone & not the FBI.
You have been advised many times to hire an attorney & you had best do so NOW! Then you let your attorney do your talking for you. Don't discuss this with Wayne.
Be careful girl, you are walking into a minefield here & you keep supplying Wayne with the mines.

[PrincessArky]

I gotta wonder if you all filed married filing separate why did ya go together and do things? is your name on the biz?

[DAVESBABYDOLL]

Guess she didn't like the advice :shrug

[April78945]

Why wouldn't I like the advice?? WTF

Anyway.
I talked to the lawyer we used when Wayne had his car accident and he said I shoudl be entitled to half. I then talked to Wayne and asked him what the deal was withthe taxxes and that I thought we filed seperate (I wasn't working so didn't think I neededt o file) and he said that because he was living with me the first half of the year, the accountant said he could legally file and claim me and the kids as a dependant, as he supported me during that time. Yes, my name is on the business, he started it when Caitlyn was a year old and I took over for a year after his accident so I needed to be on the books as a co-owner.
Anyway. When I told him I talked to the lawyer he folded. I'm getting a little less than half.
So thank you for the advice, I would have just shut my mouth and silently fumed.

[Kelsey1224]

I'm glad it is turning out in your favor. Congrats!

[jasmine]

Why wouldn't I like the advice?? WTF

Anyway.
I talked to the lawyer we used when Wayne had his car accident and he said I shoudl be entitled to half. I then talked to Wayne and asked him what the deal was withthe taxxes and that I thought we filed seperate (I wasn't working so didn't think I neededt o file) and he said that because he was living with me the first half of the year, the accountant said he could legally file and claim me and the kids as a dependant, as he supported me during that time. Yes, my name is on the business, he started it when Caitlyn was a year old and I took over for a year after his accident so I needed to be on the books as a co-owner.
Anyway. When I told him I talked to the lawyer he folded. I'm getting a little less than half.
So thank you for the advice, I would have just shut my mouth and silently fumed.


I'm so happy for you, and that you called Wayne's bluff, men, they are all talk, and they will try to over-run you and take over if you don't stand up and take charge. enjoy the money........

[dinosmom]

I am glad it worked out for you April!

[magenta]

Congrats to you!

[Mary Jo]

April, I'm glad you talked to a lawyer.
Make sure you get the money. Wayne is playing mind games with you so be careful.
Hugs to you.
Stay strong and don't take any bull from him.

[ma4angels]

I am glad that he is going to the right thing. Stay on his a-- until you get it. He should fold because that crap he was saying about you not working was bull. You were married so that in itself entitles you to half the money.

[ElleGee]

I am glad that he is going to the right thing. Stay on his a-- until you get it. He should fold because that crap he was saying about you not working was bull. You were married so that in itself entitles you to half the money.

She's right.. Stay on his a$$ until that money is in your hand.

[Lild]

YAY! Glad your getting half, it would've made me so mad if he screwed me like that!