Dear hugheske:

Greetings. My suggestion is that you have an attorney review the clauses in your separation agreement to ensure that you are supposed to file married filing jointly. Next, if the clause was correct, then I would file a breach of contract claim asking the court to force her to amend her tax return. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

My ex and have been seperated since april of last year…in our agreement, we were to file married and joint until our divorce is final. Today i found out that she received her W2, went and filed taxes as head of household, claimed both of our kids and the house which is still in both of our names…and most likely received ear ned income credit. she also did not claim all of the alimony i have paid her since our separation. Through the year, I did not change my filing status because I was under the assumption that we would be filing the same. Now this will leave me with a huge tax bill and no deductions other than myself. What can I do?