Legal Question in Family Law in Pennsylvania
My husband is leaving me and three kids under the age of four. He is getting his income tax return of probably 4,000 or more. He feels that he is entitled to all of it. But without the kids he would get nothing. I feel that we are entitled to some of it if not half. What do I do? And how do I go about doing it? Should I transfer half or less into a separate account until we go to court?
1 Answer from Attorneys
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You should file for child support and alimony pendente lite immediately. With respect to the income tax refund, I would suggest that you file a Petition with the Court to seek all of the return. During the time while you are waiting to go to Court on the Petition, I would put your husband on notice via a written letter that he is not to spend the tax refund until the issue is decided by the Court. If he does spend it, then you can ask that the Court direct that he compensate you for the value of the income tax refund.
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