Unique situation with tax return...need advice!

[lalap123]

I have a unique situation and am waiting to hear back from my attorney as to what to do. I will be filing individually without my husband. I only contributed about 10 percent of our total income for 2009 because I only got a part-time job in October. I did our taxes really quickly this afternoon to get an idea of what our refund might be, and it looks like it will be pretty big b/c my husband didn't change his withholdings when I lost my full-time job and we have three small children.

I don't believe my state has a wildcard exemption for tax refunds, and I will be using all of my auto and home exemption. The only way I figure we can benefit from the tax money is to go ahead and file our tax return, get the refund, and spend it paying necessary bills including the remainder of my attorney's fees. My question is, can we pay ahead on our car or mortgage? Can we put some money down on my husband's credit cards?

Also, since my husband made almost 95 percent of the money last year, could my attorney argue that 95 percent of the refund is his? If not 95 percent, then does he at least get to keep half?

Lastly, what do you all think about not filing and trying to "fly under the radar" and hope the trustee doesn't mention the refund? What is the likelihood of this happening?

[aces67]

The trustee will most definitely ask about your refund and no matter what if you file individually he will want at least your half. It doesn't matter who worked more that money is still 50% yours and 50% your dh's.

You need to call your lawyer and see if it will be acceptable to use the refund towards needed household items.

[backtoschool]

If the trustee specifically requests your refund, he/she will want your half of the tax refund. It will be split 50/50.

If the trustee does not ask for refunds in your district you might be able to "fly under the radar" if you do not file your tax returns until after your discharge, and the trustee does not make you an asset case and ask for your refund when you file. But most people exempt their refunds if they have the exemptions left. You should exempt your refund if you have the available exemptions.