QUESTION

How do I get the money from my husband for the tax refund check?

Asked on May 18th, 2012 on Taxation - Ohio
More details to this question:
My estranged husband cashed our tax refund check. he deposited it into his account and said that he can't give me my half because of the mutual restraining order. How do I get the money? He hasn't even started paying child support. Can I keep him from seeing our children until he pays me? We are in the process of a divorce.
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5 ANSWERS

Appellate Practice Attorney serving Cheyenne, WY at Lynn Boak Attorney at Law
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You probably will not be able to get that money from him if it went into a joint account. The child support is a different issue, and you may need to talk to your attorney who handled your divorce about this. Normally, you would ask the court to find him in contempt of court for not paying child support. In some cases, law enforcement will help with matters like that. I don't think you can deny visitation, even if he is not paying the support, if that was part of the custody order.
Answered on May 25th, 2012 at 7:27 PM

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Debt Collection Attorney serving Philadelphia, PA at Law Office of Faye Riva Cohen, P.C.
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This is a general response. It is not legal advice. You will need to consult a lawyer about this issue, as it will be part of your overall marital property distribution issue. You can't force him to give you funds unless a master or a judge orders this or he agrees to do it as part of a settlement or voluntarily. If he signed your name to the check and your name was on it, you should contact the taxing authority to report it.
Answered on May 25th, 2012 at 5:40 PM

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Go back to family court or sue in small claims if within small claims jurisdiction.
Answered on May 25th, 2012 at 3:10 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It would appear that you have two issues going, the refund check and a divorce. You need an attorney to counsel you on both. If you have a divorce attorney bring the issue up to your counsel. Generally a tax refund is marital property.
Answered on May 24th, 2012 at 7:27 AM

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You need to bring this to your divorce attorney's attention, immediately. Generally, you cannot lawfully keep him from seeing the children. You need a court order to do that.
Answered on May 23rd, 2012 at 7:41 PM

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