I filed Ch 13.Wife didn't.We're filing our taxes seperate in an effort to keep her re

[mark3413]

I filled for Chapter 13 in April of 2006.My plan was confirmed on October 17,2006. My wife did not file with me, and stayed out of it.We have 3 small children.The confirmation letter didn't say anything about turning taxes over to them, or eve sending them a copy of our returns. My plan is for me to file my taxes seperate from my wife in an effort to keep the Court from getting her part of the refund.If we file together, we will get alot more back, however even though the trustee hasn't mentioned our taxes, I'd hate for them to get the whole refund, and my wife miss out on getting what's rightfully hers.So my plan is to file by myself, and let her file by herself, and claim 2 of the kids, and me only claim one, in hopes that if they get my refund, she will still have hers. Does anyone know of anyone else that's had this situation come up? I don't think it's an attempt to stop them from getting my refund check, but only an effort to make sure she keeps hers.

[lrprn]

My plan is for me to file my taxes seperate from my wife in an effort to keep the Court from getting her part of the refund.

Mark, before you do this, talk to your lawyer. He/she will know what your trustee has required his/her other Ch 13 clients to do with their tax refunds. It may not even be necessary to split your filing.

[mark3413]

I did talk to my lawyer, and they told me to call them when I got my refund check.They said not to cash it before I called them and told them what my refund was, and talked to them first.I told her about my wife , and me potentially filing seperate tax returns, and she said we may not have to, but as of today wasn't sure if the trustee would want the tax return, or let us have it. She said the Trustee hasn't usually been taking everyones tax returns, but on occasion will take some peoples.They told me I may (But not guaranteed ) get a letter from the trustee requesting 2006 tax returns, but that's not even definate.


The reason I'm thinking about filing seperate from my wife is because they told me " Call us and tell us what your refund is before cashing your refund check". To me that sounds kinda dangerous for me, therefore if we file seperate, my wife will keep her refund regardless of what they do to mine. It sounds like to me the lawyer will call the trustee, advise him my refund, and the trustee will make the decision. For some reason I don't like those odds.

[SinkingFast]

If you do something different than normal, filing wise, that could be dangerous too.

You really need to call your attny and lay out your plan for filing your taxes. See if the attny has any problems with what you want to do.

[gmpeli]

Problem is with lawyers you got to have the money in the door first before they will answer a question. And I wouldn't be in this situation if I had money.

[NowImDownInIt]

My trustee, in the information packet that I was provided with, says that my refund check will be sent to him from the IRS, but he will forward it to me after checking that I am up to date in my payments to him.

[nervousnellie]

Any chance you would qualify to file form 8379{injured spouse}? with a joint return? Check out the form and instructions on www.IRS.GOV. to see if that could help.