Advice sought (divorce filed, irs refund)

[banjo joe]

The wife left 01/2004. I filed for divorce 11/2005 after she had my mailing address changed: she knew it was time for car insurance renewal; I didn't get the bill and the policy I've held since 1981 was dropped for non-payment of premium. My attorney says forget it. I thought I had the address mess straightened out. Nope. I'm due a substantial refund from the IRS for 2004 (yeah, it was delayed, but that's been resolved). The refund was mailed to her address in a different city (she's done the address change, in my name, again).

Question: What can I do about her changing my address? Bills and whatever go to her address in a different city; I'm late with payments, which results in credit record dings, etc.

Question: What do I do about my fed tax refund? It's made out to me (I filed separately for '04). I know she'll forge my sig and cash it.

I'm tired of hearing "forget it" and "there's nothing we can do".

[Mr. Brightside]

I know she'll forge my sig and cash it.

The change of address thing seems like a simple case of "meanness" which is not a legal matter.

Signing your name to an IRS check, is another matter. The sheriff could help you with that one.

[End Times Sentinel]

You need to contact the postal inspector.  That's mail fraud and it's pretty serious.  FReepmail me for more info.

Owl_Eagle

"You know, I'm going to start thanking
the woman who cleans the restroom in
the building I work in.  I'm going to start
thinking of her as a human being"

-Hillary Clinton

(Yes, she really said that

Peggy Noonan

The Case Against Hillary Clinton, pg 55)

[Perseverando]

Go/call the Post Office. Ask to speak to the Postal Inspector. A crime has been committed (I don't think I'm mistaken.)

[YouPosting2Me]

"I know what you did last summer!"

[Khepera]

That is exactly what I heard from my lawyer on every issue. Once you file for divorce they automatically look at the guy as the guilty party and the woman is handed all the bullets. She has all the rights and presumed innocence in every matter. There is no case for any positive action towards the man. You have no case. You lost the case the minute you got married. You are at her mercy. Shut up and sit down.

[son of caesar]

banjo, forging a signature on a federal check is a major felony, thats the good news. i hate to give you the bad news too, based on anecdotal hearsay, in divorce cases, women can pretty much do as they want, the law does not apply. keep calm, stay levelheaded and good luck.

[tje]

It took a court order to get my ex to sign the 1040. At the same time the judge ordered that all the money would go to me in lieu of money she owned me, but it was a pain to get her to actually sign the documents and then the check.

But the legal system will rob you blind if you try and go after every little thing. You waited too long to file, but that's water under the bridge. You need to disassociate your name with hers asap.

But it does sound like she's harrassing you and, if she forged your signature, a felony. But my guess is she will sit on any check and use it for negotiating.

[LWalk18]

If she signs the refund check, perhaps you can charge with forgery, maybe even theft. In the meantime, have you looked into receiving your bills online? You could of had your refund directly deposited into your account- I wonder why your attorney didn't advise you to do so. Hopefully you don't still have a joint account with your wife. How soon will you be in court?

[Roccus]

Job #1....get a better lawyer.

[LWalk18]

You waited too long to file, but that's water under the bridge.

Depends on what state he is in, but many have a waiting period of year or more of separation before you can file for no fault divorce.

[Leatherneck_MT]

Oh that's far more than just Meanness. That's tampering with the US Mail and that's a felony.

[commonguymd]

Forget the check. Let her be the petty party. Get your address changed with all your creditors and bills and then worry about a change of address at the post office.

Move on.

Everybody gets so tangled up over mere money, perhaps a few thousand dollars, that they allow the other party in a now defunct relationship to control their emotions.

Don't be controlled.

[angkor]

Joe, drop your attorney "Forget It, Esq." and get an aggressive young female divorce lawyer to represent you.

After a year with another "Forget It, Esq." I did exactly that, and ended up with a Dragon Lady who immediately went on the war path. One month later a favorable settlement was reached.

[Roses0508]

First contact the IRS and get the particulars. They may make you call around a bit and all, but eventually you will find out what happened to your refund. You need to know to what address it was sent, when, if the check was cashed, when. Some of that information may actually be available on-line - IRS.gov (the .gov part is important :-)

If the check has been cashed, you need a copy showing the endorsement. They will send it to you.


Then contact the post office. They have to give you the change of address form that was used to change your address.

Now you have all your ammo.

The post office will do something about the address change if it is fraudulently filed. Pursue it with them aggressively, especially since this is the second time it has happened.

If it turns out the check was endorsed by your x-wife, notify the IRS and notify the post office. Make it clear to both of them that you plan to pursue legal remedies. Call up the local DA's office. They probably won't handle it, but they will tell you who to call. Is there an FBI office in your area or in a nearby city? Call them. These folks will be far more efficient at getting results than your divorce attorney.

I was a legal assistant for 17 years. One thing I learned about the legal system - persistent people get better results. Sometimes you have to push hard (polite but firm) in order to overcome the built-in inertia of the legal system.

I would not let her get by with this, not for the $$s, but to put an end to the harassment. This should cost her more than its worth in emotional satisfaction.

From my point of view, your attorney has not been very helpful, but I'm not certain - were I in your shoes - that I'd hire another. I had a similar experience in a divorce (and I'm female). Basically I bought my way out of a very bad marriage and my attorney (reputed to be one of those female dragons) was certainly not worth what I paid.

[banjo joe]

"I know what you did last summer!" Yep. Same to ya. I thought you'd be lurking here.

[banjo joe]

OK, your "Go Gators" homepage indicates you're not her.
Count your blessings.
May you live in interesting times.

[banjo joe]

Job #1....get a better lawyer.

Word.

[banjo joe]

You waited too long to file, but that's water under the bridge. Depends on what state he is in, but many have a waiting period of year or more of separation before you can file for no fault divorce.

State is Alabama. She's been gone almost 2 years, but I did wait to file for divorce untill 11/05. The mail fraud is continuing.

[Keith in Iowa]

>>>The change of address thing seems like a simple case of "meanness" which is not a legal matter.<<<

Wrong. Mail Fraud.

banjo joe should talk to the Postmaster at Post Office that handles their mail, and initiate opening a case for investigation.

And forging the signature and cashing a tax refund is indeed another crime - advice to contact local authorities is good...since the IRS is involved, there may also be federal crimes involved - and consulting with the local to banjo joe's area US Attorney's office and/or FBI is advisable.