Legal Question in Family Law in Kansas

My Tax refund - Ex stole it.

I filed for divorce in January of 2006. I filed a federal tax return with my soon-to-be ex husband. We received over $9,000 from state and federal returns. The check was addressed to both parties. My ex husband deposited the check in his personal account (I had no access and never signed the check!) He was ordered to pay me half the amount and now has filed bankruptcy on the amount. Can I get my money? And more importantly can I file criminal charges for stealing my tax refund since I had already filed for divorce?

Asked on 6/27/07, 10:21 am

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

Re: My Tax refund - Ex stole it.

You should file an objection to the bankruptcy discharge based on fraud. Your Decree of Divorce may have some language that protects against a bankruptcy filing. You should also contact the District Attorney's Office to request criminal charges for forgery.

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Answered on 6/27/07, 11:11 am


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