Contact the bank where he cashed the check. It is their responsibility to assure proper identity when cashing a check, whether joint or not. You may also want to check with your local District Attorney to see if you can press charges against him for fraud.
If you can show it was forged and you did not use the account then you are probably not liable. You should discuss this with a local attorney.
No. In saying this I am assuming the account is not a joint account with him and he has forged your signature. If he has done this he has committed a crime and you should go to the police and tell the bank.
As far as the IRS is concerned, if your ex was not included on the tax return for the year that you are filing, they would have no claim to your refund. If you were filing a joint return for that year then the spouses name is listed on the return and they would have to sign the check in order for you to cash it. Be very careful here, if you endorse the check for the refund by signing your former spouses name to the check, you will be guilty of fraud by conversion and for forgery. The IRS will prosecute someone who commits forgery by signing someone else's name on a check.
Yes, if you file a joint return. However, there is a provision called, "Inujured Spouse Allocation" which your Wife may file with the IRS to recoup her portion of the refund check. Next year, file joint.
Yes
Yes, you can deposit a joint check into your account if both parties are listed on the check and are joint account holders.
Not directly. Child support cannot be taken out of the new spouse's pay check, however, it can be garnished from any financial asset that includes both of your names. For example, child support can be taken from a joint bank account, a joint tax refund, or a joint retirement account.
Yes, you can deposit a joint check into an individual account if you are one of the named payees on the check.
If the refund was made out to both spouses then it belongs equally to both unless or until a court rules otherwise. If the ex-husband forged the wife's signature and cashed the refund check he may have some explaining to do on several levels. Be that as it may, the injured spouse's only recourse would be to file suit in the appropriate state court, (small claims being the best choice)to recover her share of the refund. The IRS will not pursue the matter for her unless wrongdoing is evident, (such as a fraudlent return) in which case both filers would be subject to an audit.
On the married filing joint income tax return that you are supposed to have signed any refund amount is supposed to be 1/2 for each name on the MFJ income tax return. The refund amount will be issued in both names that are on the MFJ income tax return.
Yes, if the agency she owes money to has filed paperwork with the IRS and/or your state tax agency. If they garnish the joint refund, you can submit an injured spouse claim which is a request to have the refund split (usually according to how much of the income on the return belongs to each of you). The amount of the refund that belongs to her will be applied to her outstanding debt and the amount of the refund that belongs to you will be sent to you. You have a limited time to make this claim after you are notified that the refund was withheld to pay her debt, so read your notice carefully. If it's a joint debt, then you cannot make this claim because you both owe the money.Usually tax refunds are only garnished by other government groups (federal, state, or local), publicly funded schools, and student loan companies, but there may be others.
A tax refund is considered income/asset belonging to the BK petitioner and is therefore subject to seizure for the repayment of debt. Whether or not the refund can be included in the BK depends upon the time frame of the BK filing vs. the tax refund date and amount, the status of the refund (joint, subject to child support action, etc.) and so forth.