Depending upon when the parties separated; if the refund represented
overpayment of taxes from joint marital income when they were together, then
would that not be considered marital?
GERALDENE SHERR DUSWALT
ATTORNEY AT LAW
QUALIFIED MEDIATOR
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In a message dated 3/17/2015 1:36:58 P.M. Eastern Daylight Time,
[email protected] writes:
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(http://community.njsba.com/network/members/profile/?UserKey=835cc4e1-7eed-4a63-910c-a59c0c500b94) Mar 17, 2015 1:37
PM _Brian L. Hoffman, Esq_
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Separated parties enter into a consent order that provided for husband (my
client) to pay all of the roof expenses and give wife $700 per month
support. Husband works and wife doesn't. Jan. 2014 they filed a joint tax
return and received an $8K refund. Wife is demanding half the refund. We're
arguing it's not subject to ED and she's not entitled. Had husband changed
his exemptions there would have been more money for him each week and no
refund and wife had already agreed to what she needed income wise each month.
Why should she be entitled to share in this?
------------------------------
Brian Hoffman Esq.
Keyport NJ
(732)264-1956
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Original Message------
Separated parties enter into a consent order that provided for husband (my client) to pay all of the roof expenses and give wife $700 per month support. Husband works and wife doesn't. Jan. 2014 they filed a joint tax return and received an $8K refund. Wife is demanding half the refund. We're arguing it's not subject to ED and she's not entitled. Had husband changed his exemptions there would have been more money for him each week and no refund and wife had already agreed to what she needed income wise each month. Why should she be entitled to share in this?
------------------------------
Brian Hoffman Esq.
Keyport NJ
(732)264-1956
------------------------------