Taxes

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Eric:

Greetings. I cannot answer tax questions - and instead I recommend that you speak with a CPA or tax attorney.

Without a separation agreement or court order, you cannot assure that she will pay on the credit card. If it is in your name and on your credit report, I would suggest that you monitor it on line and make the payments if she does not. If she gets the tax refund and deposits it into a joint account then she can use those funds without you realizing it and before you get the chance to stop her - yes. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

2

I am new to the site. I am newly separated and of course it is tax time. I do not know if this is an appropriate topic here and if not please excuse this post. Question is it better to file a joint tax return or single in this situation. I suppose there are all sorts of factors,but in general. My wife who lives out of state says to send her my tax forms and she will file as usual a joint return and use the refund(I guess she has done the math)and use it to pay some of the co-applicant credit card debt. I however am getting the bill for this card that I do not use which has sky rocketed, but unfortunately I am a co-applicant as I said.
Well, how do I know if she will pay on the credit card? I know some of this is to be worked out hopefully in the separation papers. But, once she has the check she can do whatever she wants with it correct?
Thank you for any assistance or advice.