Tax refund

North Carolina Divorce Law Divorce and Separation Answers
1

lyndarae,

You should consult an attorney. You are entitled to a disclosure of his assets, and you do not have to accept his or his attorney’s analysis of the alimony issue.

Regarding the tax issue, my best guess is that he has changed his withholding amount through his payroll department, possibly to show a lower net income figure. You are entitled to an analysis of his paychecks and/or tax returns to determine what his actual income is.

Regarding your divorce, remember that if you haven’t made claims for alimony or equitable distribution before the divorce judgment is entered, you lose the right to make those claims.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My son confidentially informed me that my husband of 18 years is planning a divorce. Evidently he hired an attorney and found out how much his child support payments would be and that he would need to pay me some support until I was “rehabilitated” and able to support myself as I have not worked outside the home the entire marriage. He decided to hold off untill he can better prepare himself for divorce. He has begun to pressure me into getting a job, any job like a clerk he suggests, he got a post office box and he has opened a secret checking account and begun to hide funds, he signed my name on the tax refund check and has changed his tax filing status at work. My son said he found this all out from a girl he knows where my husband works. I later found evidence that this is all true. My question is should I file for divorce first? Is there a benefit in my staying married as long as possible, such as more equity in our marital home? Also, is there anything I can do to prepare myself? Is there something I can do about his forging my name on the tax refund check? I suppose he changed his filing status to somehow benefit himself and hurt me. Is there anything I should watch out for? Any advice is greatly appreciated.