My jurisdiction is: California
I served my husband of 28 years with divorce papers in Sept of 08. The court papers said not to use community property without the other's written consent. Our first hearing for temporary spousal support and attorney fees is in Dec 08.
He filed our joint personal income taxes in Oct 08 without my knowledge. I never saw them or signed them.
His accountant E-filed them and had the refunds direct deposited into his personal bank account (not joint account). His accountant says the refunds were deposited into his (the accountants) bank account to pay for the preperation and filing of my husband's corporate and LLC taxes. I am not part of his corporation or the LLC.
I told the accountant I wanted him to refund my money since he never had any contact with me before filing my taxes and and did not have my permission to use that money to pay my husband's business debts. He did not have my permission to file them either. I do not know if they are even correct but he submitted them stating I agreed they were correct. He said he was sorry but it was legal.
Is this legal? One half of the return was my money. Who is at fault and how do I get that money back? Should I present it to the judge at the spousal support hearing? Will it help my case (it is an abusive marriage and my husband has total control of my finances)? Or is this a seperate matter and I need to go through a civil court?
What happens if the information submitted was incorrect and the IRS later comes after me?
I served my husband of 28 years with divorce papers in Sept of 08. The court papers said not to use community property without the other's written consent. Our first hearing for temporary spousal support and attorney fees is in Dec 08.
He filed our joint personal income taxes in Oct 08 without my knowledge. I never saw them or signed them.
His accountant E-filed them and had the refunds direct deposited into his personal bank account (not joint account). His accountant says the refunds were deposited into his (the accountants) bank account to pay for the preperation and filing of my husband's corporate and LLC taxes. I am not part of his corporation or the LLC.
I told the accountant I wanted him to refund my money since he never had any contact with me before filing my taxes and and did not have my permission to use that money to pay my husband's business debts. He did not have my permission to file them either. I do not know if they are even correct but he submitted them stating I agreed they were correct. He said he was sorry but it was legal.
Is this legal? One half of the return was my money. Who is at fault and how do I get that money back? Should I present it to the judge at the spousal support hearing? Will it help my case (it is an abusive marriage and my husband has total control of my finances)? Or is this a seperate matter and I need to go through a civil court?
What happens if the information submitted was incorrect and the IRS later comes after me?
