Can I get in trouble if I signed my spouses name on a joint IRS refund check made out to both of us.?

Question

My wife and I are getting a divorce, we agreed to file joinly on our tax's and I agreed to give her a 1,000.00 out of it even though she did not work, we got more money back filing jointly. She is in another state and I signed the refund check and put it in my aqccount, she also knew this..Now she is threatening she will turn me in to the IRS if I do not pay her half now of this refund and with in 2 weeks..?

Answer 1

My neighbor just had this same problem ... they are in the process of a divorce too.  I called the IRS for  and my neighbors and they said that both people must sign it and if a name is forged the other can sue for forgery and fraud, and is punishible by jail time too.  The best thing is to just go to bank together, cash it and have the bank divy it up between the two of you.

Answer 2

The IRS doesn't care.  Once they authorized the refund, it was out of their hands.  The Secret Service, which investigates forgeries involving Treasury checks, also doesn't care, because a conviction in cases resulting from squabbles incident to divorces is unlikely.  You and your soon to be ex should handle this through the divorce proceedings. Perhaps an interim property settlement is available as remedy in your state.

Answer 3

You mean beyond possibly going to prison for the crime of forgery?  No, not much trouble beyond that.  That of course is extreme, and isn't likely to happen.

What were you thinking?  You should know that you can't legally sign someone else's name to a check.

Answer 4

Fraud is serious trouble.  Bad decision on your part.  You could have had it deposited to your checking account and then written her a check.  Of course, she would have had to agree with this.  Hope your agreement as to the split was in writing....

Answer 5

Yes, you can.  It's called forgery.

Answer 6

You need to pay her.  You signed without her valid signature she could get you in trouble.  She could file a w-10 form on you.  You can not sign someone else's name on a check.  Big No No.  So best bet stay out of trouble and give her the money you agreed to.  Good Luck

Answer 7

Pay her what you both agreed.  Plus, you need to pay her half of the stimulus check.

She would have to take you to court over the forged check, and probably nothing would come of it since you are dividing your property anyway.