Stay at home dad getting divorce, what about taxes?

I have been a stay at home dad for the whole 2008 tax season after my wife had decided the kids were too much to handle for her. After I found she had been having an affair almost our whole marriage I decided to leave her. My question is what do I do? We are doing joint custody for the time being, and I am now working. She has decided to go back to being a stay at home mom with her new boyfriend, and she is going down to file taxes seperately and take all of the tax money leaving me high and dry because I had no income for the year. We got back 6k in taxes last year (3 kids), what do I do? Am I just screwed and she gets all of it?

by sdchargers 1 Post
Posted on 1/29/2009 9:16 AM

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Answers for "Stay at home dad getting divorce, what about taxes?" (2) (You must be logged in to answer)

SD, I'm a Missouri attorney. My understanding is you're not TOTALLY screwed yet.
Until the divorce decree is final, the tax refund is still considered marital property (just as the tax bill would be a marital debt). You can ask the court for a share of that refund. Hopefully, cooler heads will prevail and your STBX will give some on the issue through a settlement agreement. If not, you can pursue it. It would be in the judge's discretion to determine what portion you'd receive.
Good luck.

by justokguy 163 Posts
Posted on 3/24/2009 7:13 PM

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have you started the divorce process yet? any papers been signed? are you still living there, together? have you contacted a lawyer yet?

by paula1 12664 Posts
Posted on 1/29/2009 1:35 PM

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