I divorced my X husband 3 yrs. ago. Now we are in mediation. I had a chance to see a copy of his tax statements and saw my name on the document.
He had signed my name and I did not give him permission. As a matter of fact I did not even know that he was filing.
Should I contact the IRS or what?
There is no telling what all he has signed my name to.
He needs to be stopped and
What can i do?
No, it is not legal for him to sign your name on a tax return. You can make an innocent spouse claim to the tax returns that he signed your name to. You should also send a letter to the IRS putting them on notice that you know he has signed your name to specific returns, Finally, you should consult with a lawyer to contact him to stop signing your name unless he wants you to take legal action to include an injunction.
You are correct...there is no telling where all your ex-husband has forged your signature. Also, forging your signature is not legal. However, it is unclear from your question whether his forging your signature on the tax return has caused you any harm.
The biggest potential problem here is that couples who use the Married Filing Jointly status have "joint and several liability" for any taxes that are due on the return. When you actually sign a tax return with your spouse, the government takes that to mean you agree to pay any tax that is due regardless of who earned the income. Joint and several liability means you are liable for the tax BOTH as a married couple and as an individuals.
That said, a forged signature is not a voluntary signature. So, unless you filed your own return as Married Filing Separately, you actually have not filed a return for the year(s) in question.
You may need to file another return as Married Filing Separately (for the year(s) prior to your divorce). You will have to show the IRS that the signature on the return filed by your ex-husband is not yours. Usually, you can get a copy of the return that was filed from the IRS, but they will charge you a fee for this.
Finally, it is not clear from your statement whether taxes were owed and paid (or not paid) by your husband or if a refund (a portion of which you may have been entitled to) was issued to your husband. If taxes were due and not paid, this can present significant problems for you with the IRS and you should take immediate action. If taxes were due and paid, you may want to consider whether this is a battle you really want to pick; likewise with a refund which he held all for himself. I caution you only that the administrative process for dealing with any of this through the IRS is lengthy and cumbersome, and you will likely need legal assistance.
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LEGAL DISCLAIMER
I am licensed to practice law in CA & TX, and my office is located in San Diego, CA. I am providing this response for your general information. This response is not legal advice, nor is it intended to be. You should consult an attorney for advice regarding your individual situation. I invite you to contact Rábago Law. However, communication through this website does not create an attorney-client relationship and is not protected by the attorney-client confidentiality rules.
He has committed a crime. You need to report it and he may end up in federal prison. Consult with a lawyer or CPA before proceeding as you may be eligible for several things: (1) innocent spouse treatment, (2) getting a reward for turning in a criminal and (3) other relief. You need an attorney badly at this point.
