Tax Refund Joint Filed with Spouse (Not on Ch 13) Question

[bling32]

My husband and I filed our Joint Tax return on 01/31/11. Refund of $4000.00. Then, I filed Chapter 13 on 02/14/11. (Primarily b/c of $40,000 credit card debt and behind on auto loans).

My attorney did not mention taxes when I filed. But I know the taxes will be taken by the Trustee here in Georgia. My question is will my husband be able to get his half of the tax return? He did not file Chapter 13. And, in the future should we file separately to avoid it being taken? Or, how does this work? We need some work done on his car and repairs around the house.

Please help

[lrprn]

If your husband did not file Ch 13, then he is entitled to receive his part of the tax return. Assuming you file jointly, talk to your lawyer about how to ensure this is done correctly in your local court.

[bling32]

Thank you!!!