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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Filing Status and Taxes for the Time We Were Married

    State: California

    Issue: Filing taxes for the time we were married

    Question: Ever since we got married, I have been filing as married filing jointly; my ex-wife never worked while we were married. We were married in 2007. I have to file taxes for 2007. My ex-wife refuses to sign the tax returns. If we file as married filing jointly we get approx. $3000 back which I am willing to split. However, if end up filing as married filing separately I will owe taxes to the govt. and would need to pay a penalty on the money owed to the govt. I have the following questions:

    1- Can the judge order her to sign the tax returns for 2007 as married filing jointly?
    2- If not option 1, then can the tax penalties be divided equally between my ex-wife and myself as she has already benefited from the income from 2007; the money saved from that years income was divided equally between my ex-wife and myself?
    3- Can I seek attorney and accountant fees from the judge in this issue?

    Will appreciate any help or advice you can provide.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Filing Status and Taxes for the Time We Were Married

    One possibility would be to try asking the court to order her to cooperate in the preparation of your tax returns, and try to convince the court that she should pay any increase out of her share of the marital estate if she does not agree to file jointly. You can't seek attorney fees unless you have an attorney; if you do, you should be discussing this with your attorney.

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