Stimulus Check

North Carolina Divorce Law Divorce and Separation Answers
1

I do not think you can hold the bank liable. Did your mediated settlement agreement mention your tax refund? If it did you can enforce the agreement and try to get half of the refund given to you.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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2

STBX and I filled a joint tax return for 2007, expected stimulus check to be sent 5/30/2008. When I hadn’t received it I asked him if he had changed the address. His reply was he received it and after several questions he admitted (all saved on e-mail) he deposited the check into his individual account and had no intentions of giving me any of the money (he is angry because he made a mistake in our mediated settlement agreement that cost him paying state taxes). I know he can be in a lot of trouble with the IRS for this, but my question is what about the bank? Their policy is that both signatures are required and someone let it go through (unless of course his girlfriend forged it) without both signatures. Can I hold them liable or take legal action against them as well as him? I know this will be a criminal case most likely, but still affects my settlement agreement and future divorce. Thanks for any input.