My soon to be ex reneged on an agreement to split the tax return 50-50. He gave me what he wanted me to have out of the Federal and kept the State. I am told I am enttiled to half of the return. Also, he used my house deductions, I gave up my livelihood when we became pregnant. He was the only income BUT NoT for the full year.
I am considering a small claims (**there is a FILING fee based on the dollar amount of the case which is about $100. I will not use an attorney as we will be heard before a clerk magistrate who will decide on the spot.**)
Let me explain why I'm filing the claim and be clear. He is playing games with the CS now that it is court ordered. Since it's been ordered he's gone in arrears twice in less than 3 months. when he was served for contempt, he paid the next day, but I had to draw down from an emergency fund to cover bills and our child's school expense.
So, I honestly feel, I've been too lenient and reasonable and really want him to make good on the tax return. I spoke to an attorney and was told I have a valid claim. It's about $4000 which I could really use because the job search is slow and the temp pool is dry.
When I return to work and get stability, the CS enforcers can pursue him, I won't invest the energy. but now I have to because my emergency fund can only carry me through the end of the year, if that.
What are your thoughts about picking this battle?
Thanks all for the feedback.
It was a JOINT return.
I learned that small claims court is NOT the route. The return funds for state/federal are considered marital property so I can present the matter when we go for the final divorce hearing in a few months!
Again, thanks!
I would definately sue! It is principle!!! He has to know that you are NOT going to put up with his games.
I agree with S.H. He needs to be held accountable and $4000 is $4000. Can you include his paying the legal fees for this as well? If you don't put your foot down now and make him do what he's supposed to you're going to be fighting this fight for a LONG time. He proved that when he didn't pay child support until he was served for contempt.
Good luck to you.
Take his A$$ to court! This is YOUR money take the dirtbag down and enjoy every second! You go girl!
I think he owes you the money....
yes!! Also, as part of the small claims court - demand he pay for your lawyer and legal fees as well.
heck yah I would do it. Good luck!
Consider the legal costs, will you really walk away with $4000? I don't know who is at fault in your divorce, but usually someone is. I say make him pay by any means possible. You have custody?........ so if he's going to play games I would too. Fathers who support their children have more rights to see them. I play dirty so you might not want my advise. I don't mess around when it comes to supporting my children. Best of luck to you.
I would have the lawyer write him a letter and document it so that you have legal recourse if you need it, but sometimes the threat will work well. Its also a lot cheaper for you lawyer wise. If he doesn't give in, then I would sue for sure and let him know you mean business.
It would depend on how the return was filed. Married filing jointly, or married filing seperate. If it was filed jointly, then yes you are entitled to 50 percent of the refund.
There is a website www.lawyers.com. Ask them your question. Was your name on the refund check? Did you sign it and he deposited it in a joint or single account?
Since you are talking about a government tax return, the issue may be bigger than small claims court in that there may be some federal/criminal charges against it.
M.
The only thing that comes to mind is actually collecting the money from a small claims suit. If you get a judgement then it's up to you to collect the money. If he does't pay willingly then you'll be footing the bill to have whatever paperwork needs to be filed to attach his house or have it taken from his back account.
I Really hope that you do!!! What a SLIME :-(
Well, taking him to small claims court doesn't cost anything, but there is also no enforcement of their decision. It may help you to have this decision as you go through the divorce process, that would be for your attorney to advise you. Good luck.
Yes, sue. The earlier and sooner you document his patterns of deliquency, the easier it will be each time to go after him.
