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#772123 - 07/14/16 12:33 AM Failure to file self employment
AZandme Offline

recently joined

Registered: 07/14/16
Posts: 3
Have been married 27 years to a verbally emotionally and financially abusive man. Everything in his name. After my kids, I would have the odd part time job here and there which was filed properly. In 2004 I started a small biz and kept receipts, tracked everything. I was planning on filling properly but he bullied me into signing off on his self prepared form listing me as a dependent and homemaker and told me it was OK, I didn't make that much to have to file. I didn't believe him and of course we argued, he threatened, kids were hearing this and I gave in. I of course discover I should've filed no matter what but the next year he said if I did they'd find out I hadn't filed before and get in trouble. Now if course he has prepared all our returns, most have been efiled, I've not seen them or gotten a cent of a return etc. Now I know there is going to be a price to pay for this when divorcing. I do have copies of emails and texts where we are arguing over this so I can show he bullied me but that's it. I'm wondering if I should go ahead and back file or what. I'm starting lawyer consultations next week. He has a 401k, 4 vehicles in his name (1 is the kia I drive and make all the pmts on including the down but he refused to put my name on it). The others are not super new or expensive or anything he is just lazy about selling old cars we don't need. He also has a likely expensive comic book collection. All I have is what is in my bank account from my biz which is never over 2k. He makes sure to have me pay for enough that I can't build up much of a savings. I'm working on a retainer though. Should I also talk to a tax lawyer or see what divorce lawyers say first or.......these kinds of things have kept me from filing. That and his threats and yelling. I'm done, my girls are done. I don't care what it costs me. Except jail smirk. We are in Texas.

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#772124 - 07/14/16 01:58 AM Re: Failure to file self employment [Re: AZandme]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 770
Any money owed would be split between you. Let your attorney advise you what to do. Also, all accounts, retirements and assets accumulated during the marriage belong to both of you, regardless of whose name they are in. The same goes with any liabilities.

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#772125 - 07/14/16 05:41 PM Re: Failure to file self employment [Re: MinnesotaMom]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 339
I'd start with the divorce attorney but definitely talk to a tax advisor--your divorce lawyer can probably recommend one. And most divorce attorneys will do an initial consultation for free, so you don't have to wait until you have a retainer saved up. Get a recommendation, make an appointment and get started.

It doesn't sound like you'd qualify for Innocent Spouse relief since clearly you knew at the time that your husband was underreporting your income. You may qualify for Equitable Relief if you can convince the IRS that your husband took these actions despite your best efforts. Tax advisor should be able to provide specifics as well as advice about how to file going forward. Above all, stop taking tax advice from your husband!

Your divorce attorney will probably also have good news for you regarding community property. Even though "everything in his name", all of the vehicles, 401k, comic books, etc. are likely "community property" considered to be owned equally by you and him, so in the divorce their value will generally be split evenly between the two of you.

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#772126 - 07/15/16 04:46 AM Re: Failure to file self employment [Re: TJMH]
AZandme Offline

recently joined

Registered: 07/14/16
Posts: 3
I am in the process of trying to set up appointments. I had one I was supposed to meet this week and then his wife went into labor all I guess he has a good excuse. I definitely can't claim innocent spouse. All I can claim is bullied spouse but there isn't a law for that. I got into this mess and stayed in this mess and while he was and is an emotional abuser, I should've gone and stayed gone so many times. So in the end the blame is mine. I accept that. At least it won't be all my blame, he'll have to share it.

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