If my ex-husbandhas withholding taken out of his weekly checks, isn’t he required by law to file a tax return each year?

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If my ex-husbandhas withholding taken out of his weekly checks, isn’t he required by law to file a tax return each year?

He flat out told me he has not filed state or federal income tax for years.

Asked on March 21, 2011 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you have an obligation to file your income taxes each year.  He may think that he has no liability, meaning that he does nto owe anything to the government or the state, and he may in fact be correct about that.  But that does not relieve him of the obligation to file.  Do you need him to file because of the way that your divorceagreement is worded?  Becuase you need to re asses child support yearly?  Bring this issue to the attention of an attorney or to the courts if that is the case.  And one more thing: make sure that you filed returns for the years you were married.  Good luck. to you. 


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