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I received a letter this summer from my state's tax department, stating my (now ex) husband and I owed $67 in taxes from a few years back. I almost just paid it...but when I reviewed our tax records from that year, I could not believe how much we paid, it just didn't seem right. So, I wrote a letter requesting someone look at it. A week later, a very nice lady called me from the state, requesting I send her our tax records from that year, and she would review them. Turns out, they owe us $1400.
I will never use TurboTax again...but that's not the point of this story.
Anyway, I tell her my ex and I are divorced. She says, we filed together, so the check must be made to both of us jointly. No exceptions. The check was mailed to me. I took it to my lawyer, because my ex and I have no contact - it was a bad divorce and worse post-divorce, but that's another story too. The lawyer says he will get the ex to sign, and the charge would be $100, $50 from each, which he will take right out of the check. IF the ex doesn't make a big mess out of it. Sounds good to me.
After waiting a month or so, my lawyer gets a nasty and crazed letter from the ex, very rude to the lawyer, basically stating he was not going to cooperate and that I should have the state cut us each a check for 50% each (which they already said, they will not do). He also threatened to sue the lawyer if the lawyer contacted him again, but the lawyer said that is ridiculous, don't worry about that.
Lawyer said he couldn't think of too many options, other than maybe small claims court. I asked if it would be wise to just sign the ex's name on the check, deposit it, and mail him his half, but the lawyer said no. I told the lawyer to just let the issue sit for a few weeks and I'd call him again to rediscuss; I was hoping maybe the ex would rethink and realize he is being an idiot for arguing over RECEIVING MONEY.
I'm planning on calling the lawyer back this week, it's been about a month now. I'd really like the issue resolved, plus I have had to have some minor but expensive medical procedures done, and the money would be nice. I'm thinking about just offering to cover the entire legal fee if he'll just play nice and sign the check. If he won't, then I guess I'd have to take him to small claims court, although I feel like I ought to ask him to pay for the entire lawyer's fee at that point.
Any thoughts or advice? Other than, don't marry a spiteful person?
You don't need the lawyer to represent you in small claims court. I'd do it--it sounds like more of a hassle than it really is--and ask the judge that he pay his half then. You can always ask the judge that he pick up the full amount because of the amount of effort you've had to put into this, plus the legal fees that you never should have had to incur to begin with. Your ex is being a complete jerk and no judge is going to put up with that--they'll do the reasonable thing. You'll get your half of the money, and won't have to pay more than your half of the fees.
I say take the path of least resistance, offer to accept the $100 fee yourself and avoid wasting time. Small claims would take up too much time to save that amount of money.
If it was me, I'd put the check in a drawer until he gets curious about what happened to that check and comes crawling to you to find out. Two can play the game.
OR, is there anyway you can just apply the money to this year's taxes?
Which of you earned the most money during the tax year in question? If he earned 3/4 of your total income, and you earned 1/4, it would be reasonable for you to agree to receive only 1/4 of the refund ($350), since you are no longer living jointly on your combined incomes.
Write to him and tell him you will endorse the check over to him if he pays you $350 (or whatever your share turns out to be) and how you arrived at that figure. No matter what kind of a b astard he is in general, don't ask for more than your fair share. He might turn out to be fairer than you think he is, if he sees that you are not trying to take him to the cleaners.
sign the check and deposit it..! You should have done that in the first place. Doing it your way was a nice gesture, but was doomed from the start. I think you know that..!
sign the check and deposit it..! You should have done that in the first place.
That was my initial reaction too, except that I remember that my (and other) bank has a sign in the lobby stating that they will no longer accept third party checks endorsed to an account holder. I take that to mean that if she walks in with a check made out to "John and Mary Jones" but her account is titeld "Mary Jones" that they may not accept it, even for deposit.
I'm not sure about this but I've had problems getting insurance checks made out to me and to the people who I'm financing homes for.
It would be nice to hear from someone in banking to state whether or not nayabone's idea would work, because to me the path of least resistance is always the best way.
Can you 'return' the check to the state, then re-file your return as married filing seperatly? then apply you part of the refund to future (2010 tax year) and then in 2011 file 2010 return and get your refuend. Then inform you X that you have re-filed and he need to do same?
sign the check and deposit it..! You should have done that in the first place. Doing it your way was a nice gesture, but was doomed from the start. I think you know that..!
Not that easy. My bank refused to accept a joint stimulus check for deposit, unless they watched both payees endorse it. The terrorists have won the war against the cowering banks, who are afraid to do anything that might violate the police-state's Patriot Act.
Here's how the conversation went:
Me: Is that the law, or just bank policy?
Teller: Bank policy.
Me: Then let me speak to someone who can waive it.
Teller: There is no-one who can do that.
I received a letter this summer from my state's tax department, stating my (now ex) husband and I owed $67 in taxes from a few years back. I almost just paid it...but when I reviewed our tax records from that year, I could not believe how much we paid, it just didn't seem right. So, I wrote a letter requesting someone look at it. A week later, a very nice lady called me from the state, requesting I send her our tax records from that year, and she would review them. Turns out, they owe us $1400.
I will never use TurboTax again...but that's not the point of this story.
Anyway, I tell her my ex and I are divorced. She says, we filed together, so the check must be made to both of us jointly. No exceptions. The check was mailed to me. I took it to my lawyer, because my ex and I have no contact - it was a bad divorce and worse post-divorce, but that's another story too. The lawyer says he will get the ex to sign, and the charge would be $100, $50 from each, which he will take right out of the check. IF the ex doesn't make a big mess out of it. Sounds good to me.
After waiting a month or so, my lawyer gets a nasty and crazed letter from the ex, very rude to the lawyer, basically stating he was not going to cooperate and that I should have the state cut us each a check for 50% each (which they already said, they will not do). He also threatened to sue the lawyer if the lawyer contacted him again, but the lawyer said that is ridiculous, don't worry about that.
Lawyer said he couldn't think of too many options, other than maybe small claims court. I asked if it would be wise to just sign the ex's name on the check, deposit it, and mail him his half, but the lawyer said no. I told the lawyer to just let the issue sit for a few weeks and I'd call him again to rediscuss; I was hoping maybe the ex would rethink and realize he is being an idiot for arguing over RECEIVING MONEY.
I'm planning on calling the lawyer back this week, it's been about a month now. I'd really like the issue resolved, plus I have had to have some minor but expensive medical procedures done, and the money would be nice. I'm thinking about just offering to cover the entire legal fee if he'll just play nice and sign the check. If he won't, then I guess I'd have to take him to small claims court, although I feel like I ought to ask him to pay for the entire lawyer's fee at that point.
Any thoughts or advice? Other than, don't marry a spiteful person?
If ex want's to play hardball ask your lawyer to show him how it's done and see if he likes that. Either way let the lawyer do his job and stay out of it as much as you can. You've got a life to re-build so get on with that job and stop letting the ex mess with your head.
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