I filed an income tax return, married filing joint. My wife and myself received a refund check for $11,000;?

This wold help.

http://dads-house.org/EducationalManual

http://groups.yahoo.com/group/Dads_House_Ed_Ctr/

True the IRS is not divorce court. But they aren't going to get involved here - if the check was reported lost or destroyed, they'd issue another one eventually - but the replacement would still be in both names, so it wouldn't help you any. You can't amend your return to single if you were married as of 12/31/2010, and it's too late to amend to married filing separately from a joint return, that would have had to be done by 4/15/11. You can hope, and argue, all you want, but yesterday's answers don't change.

The responder who says that by law she is entitled to half is wrong, though.

And what's the bit about deducting child support? That's not deductible, so if you did, you have another problem.

Your only options are to either convince her to sign the check, which will likely involve some sort of split of the money, or to get a judge to rule she has to which isn't real likely to happen unless you give up something else in a divorce settlement. You reaped the benefits of a joint filing, and don't get to now say "yes, I did, but I also should get all the advantages of the joint filing" - the law doesn't work that way. Not what you want to hear I know, but that's how it is.

First, you cannot amend from a joint return to separate returns. Once you're on the hook for tax due on a joint return, the IRS is not going to let you separate yourself from liability.

Second, niether of you can legally deposit the check without both signatures.

Third, you can't deduct child support.

You need to see an attorney pronto. This is not an IRS issue. It's a divorce issue.

What the heck were you doing getting a refund of $11,000? This is just one more example of why it's a bad idea to overpay the government and wait for that big refund.

If you file jointly, then she is as entitled to it as you are. That may not be fair, but it is the law. Nullifying the check and doing an electronic transmission. An electronic transmission of a tax refund for a married filing jointly return has to go into a joint account. If you can't open a joint account, then you cannot receive an electronic transmission of this money. Give her the check and tell the divorce court judge to take it out of what she would be getting in the divorce. Or tell your divorce lawyer to negotiate a settlement where she has to agree to cooperate to get something she wants.

NO, as I told you yesterday, you cannot NOW amend your joint return to other filing status, and certainly NOT Single, because you are not

You were/are married and file only MFJ or MFS

But you filed MFJ and the deadline for the return is passed(4/18/11), and you cannot amend to MFS

And as I explained yesterday, you got the benefit of MFJ filing status, generally the most favorable, and took her personal exemption. . . . .Your only other option was MFS, and that does not permit you to receive some tax credits and benefits and is a moot point, because you filed MFJ and it is too late to change Now. . . .

You can argue whatever you want, but that doesn't make it legal or fair, or what the court will decide

While alimony/maintenance is deductible to you and reportable income to her, child support is NOT. . . .it is your legal and moral obligation to love and support your child and without tax consequences.

Suggest you reach some agreement with her, compromise, otherwise this becomes part of divorce property settlement. . . . .You need a mediator and to get a fresh look at all this. . . .

and that is an exceptionally LARGE refund, which may invite IRS scrutiny of your return

You asked yesterday. The answer is STILL that half that money is hers b/c you filed a joint return. BY LAW she is entitled to half of it.

"I will argue before the court that being that she would not be entitled to these deductions, she shouldn't reap the benefits of any part of a joint refund check. Any thoughts?" - You will lose. BY LAW she is entitled to half.

"I can always amend my return as "single", " - You actually can't. if you COULD, it would only be because you had fraudulently filed as married when you did file. You were married 12/31/10? You MUST file as married. You MIGHT be able to amend it to MFS, but there are certain laws that apply to doing that which may make it impossible to do. Changing to MFS, if you can, will limit or prohibit certain deductions and credits. If you even can file MFS, the IRS will not process it until they recieve your wife's corresponding MFS return, which clearly she won't be giving you.

"ADDENDUM: The IRS is not Divorce Court." - Tax Law generally overrides what any divorce judge can do. Sorry dude. YOU LOSE.

Give her half the money and be done with it.

Oh, you understand little.

As I posted earlier, once this refund is divided up on paper by the divorce court, send the check and a copy of the decree back to the IRS and request manual refund check(s) be issued.

"I can always amend my return as "single"" No you can't. The deadline for switching back to a separate return (married filing separately would also have been legal) was 4/15/2012. You can't do anything now.

Have "fun" in court. Your lawyer will earn his fee on this one.

She will not cooperate, and you insist that its all yours. Clearly both of you are going to need to compromise in order to solve this problem. My advice is that both of you try to remove the emotion from the issue and reach the best possible agreement for both.

I would add that once a return has been filed as MFJ, it cannot be amended to MFS (although amending from MFS to MFJ can be done). Even if you had filed MFS, your refund probably would have been much lower or you may have even owed.

you apparently didn't like the responses from your previous post and the responses are the same, filing jointly that's exactly what it means, joint, half of yours is hers and half of hers is yours

you may have had the medical work done, you may have earned the income, the house may be yours, but during your marriage it is half hers--IRS is a community property entity

and yes, go to the bank together, sign the check, together, have the cashier count out your half and the ex her half

you can do whatever you like with the state but they are not the ones with the IRS refund check

if you were to amend your jointly filed return it would require her signature and this does not appear to be possible

and yes, she can file married separately as you propose to do and claim half of your income, half of your itemized deductions, that's the way it is, you can't win for losing

filing married separately both spouses have to claim the same way,either itemized or standard deduction

You can also return the check to IRS and ask that it be designated as a 2011 estimated tax payment so it will be credited back to your account.