Divorce, Disabilty & Taxes


#1

My husband has had a drinking problem for many years & neglected his health during this time. Consequently, he has recently had a leg amputated. Our youngest child has a disablity but never was eligible for disability because of my husband’s salary. I have been a stay at home mom since the youngest was born. Husband is now out of work & on short term disability. My husband would not file his income taxes for the past 3 years. He took most of the money out of his 401K and now owes the taxes. After many arguments & much frustration I filed my taxes seperately. The state has put an order of Attachment & Garnishment on our checking & savings account and they have garnished all money, including his disabilty check. He is now trying to force me to sign his fedreal tax returns. His threat is that he will apply for permanent disability or retirement, move in with family, leave my son & me in the house, let the government garnish the money, allow house to go into foreclosure, etc. What rights do I have in this situation?


#2

If he were to follow through with his threats, you would use those against him in litigation to prove to the court that he really has the ability to earn an income and pay support. Also, his actions could be used against him as an equitable distribution factor for why you should receive more than 50% of the marital estate.

It really sounds like you need to consult with an attorney in your area to get a handle on your situation and be prepared in the event that he follows through on his threats.