I will try and keep this short and leave out the nitty gritty details (unless requested). Married for 7 years in Texas (Community Property State). I'm also not even sure if this is best served in the Divorce section, but I figured I would start here first.
I will be getting a divorce shortly, but absolutely no motion has been taken at this time, other than my wife hasn't lived here since October (not a legal separation. She left me and the kids on her own will and moved in with her "boyfriend"). My wife didn't work at all in 2008, so no W-2 from her. We've always filed MFJ via TurboTax, and did so again this year. Before she left in October, she managed to let the house and the truck payment slip behind 3 months each, totaling roughly $6k behind + late fees (she always handled the bills. I never asked or questioned. Never looked at the bills. My fault). I've been paying the absolute minimum since then just to keep the assets, with the intentions of using the tax return to catch it all back up as much as I could. She knew this, and verbally (I know, my mistake #2) agreed to it. Well, apparently the guy she is living with is in need of money, so now she's coming after me trying to get 1/2 of the return and threatening that she will just tell the authorities she didn't authorize me to file MFJ with her.
So that's where I stand now. I have a return of $4400 being direct deposited to my bank account this coming Friday (she overdrafted our joint account to the point that they closed it, so I had to open a new account to get my paychecks deposited... never got around to adding her to it). I already set up payments with the mortgage company and bank to divide it ALL between the past due amounts. I know I'm in Texas where she is entitled to 1/2 of everything; but I also know that she is also liable for all debts incurred during the marriage.
Here are my main questions:
- Am I in my legal right to go ahead and use the tax return towards these debts?
- Can I really get in trouble if she actually does report that I didn't have permission to file? I didn't forge anything. It was all electronic (TurboTax) and I had her verbal permission. Used the same account, etc that we have for the past 6 years (save for the bank account due to the reason I already noted).
- Is there any other cautions I should take? Maybe just sit on the money, get an attorney, file for divorce, and get a decree to freeze all community property (so that she can't use/give the money to her boyfriend)?
I realize any reply cannot be used as legal advice, but I'm just looking for a general direction to start heading with this.
Thanks in advance!
I will be getting a divorce shortly, but absolutely no motion has been taken at this time, other than my wife hasn't lived here since October (not a legal separation. She left me and the kids on her own will and moved in with her "boyfriend"). My wife didn't work at all in 2008, so no W-2 from her. We've always filed MFJ via TurboTax, and did so again this year. Before she left in October, she managed to let the house and the truck payment slip behind 3 months each, totaling roughly $6k behind + late fees (she always handled the bills. I never asked or questioned. Never looked at the bills. My fault). I've been paying the absolute minimum since then just to keep the assets, with the intentions of using the tax return to catch it all back up as much as I could. She knew this, and verbally (I know, my mistake #2) agreed to it. Well, apparently the guy she is living with is in need of money, so now she's coming after me trying to get 1/2 of the return and threatening that she will just tell the authorities she didn't authorize me to file MFJ with her.
So that's where I stand now. I have a return of $4400 being direct deposited to my bank account this coming Friday (she overdrafted our joint account to the point that they closed it, so I had to open a new account to get my paychecks deposited... never got around to adding her to it). I already set up payments with the mortgage company and bank to divide it ALL between the past due amounts. I know I'm in Texas where she is entitled to 1/2 of everything; but I also know that she is also liable for all debts incurred during the marriage.
Here are my main questions:
- Am I in my legal right to go ahead and use the tax return towards these debts?
- Can I really get in trouble if she actually does report that I didn't have permission to file? I didn't forge anything. It was all electronic (TurboTax) and I had her verbal permission. Used the same account, etc that we have for the past 6 years (save for the bank account due to the reason I already noted).
- Is there any other cautions I should take? Maybe just sit on the money, get an attorney, file for divorce, and get a decree to freeze all community property (so that she can't use/give the money to her boyfriend)?
I realize any reply cannot be used as legal advice, but I'm just looking for a general direction to start heading with this.
Thanks in advance!
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