Abominations & Agitations
According to our divorce papers, my ex-husband is supposed to be repaying the $20K in back taxes that he owes from his business. The IRS is taking my tax refund to go towards his back-taxes. Can I sue my ex-husband to get that money back?
|
||||||
|
Can I sue my ex husband to get back $$$ that the IRS is taking from me to pay his back-taxes?6 comments to Can I sue my ex husband to get back $$$ that the IRS is taking from me to pay his back-taxes? |
|||||
|
Copyright © 2010 Getting your ex back - All Rights Reserved Powered by Yahoo! Answers Powered by Yahoo! Answers |
||||||
Sure. The IRS won’t get involved in this fray and will continue with collection actions against both of you until the entire debt is paid, assuming that the debts exist from tax years that you filed joint returns. Your only redress is through the courts, based upon the terms of your divorce decree.
I’d suggest that until this is cleared up that you adjust your withholding allowances on your W-4 at work enough that you have a tax debt at filing time. As long as that’s less than $1,000 there are no penalties or interest involved. Just be SURE to set aside enough funds from your larger paychecks to pay the tax bill when you file! This way you will receive all of the income that you are entitled to after tax since there won’t be a refund that the IRS can capture from you.
Not sure where the self-professed “tax specialist” below gets her information from. It’s certainly not from the US Tax Code! Joint debts are collectible from BOTH taxpayers and the IRS doesn’t give a hoot about what your divorce decree says. They’re not a party to it (thank God!) and cannot be bound by its terms.
This matter is for the IRS to investigate,
have you ever called them, bring this to
their attention, to me it sounds like there
the ones making the mistake here, they
probably dont know that youre divorced.
As a taxpreparer, let me tell you, IRS
sometimes make the biggest mistakes.
Show them the divorce decree and if that
doesnt work then, get a lawyer.
I don’t know but it doesn’t seem fair that they are taking your money
Personally I would try to get the DA to file Contempt of Court charges, as he is violating his court order.
That will get your $ back and teach the creep a lesson.
If you filed a joint return for the year, then the IRS can take the money from you no matter what coleblondehead thinks – she is clueless when it comes to tax law, apparently.
But yes, you can sue him in civil court to try to get the money back. But be aware that if the court case goes your way, you just have another piece of paper saying that yes, he owes you – and you already have one of those – you still have to take further action to actually get your money.
Good luck.
bostonian and Judy are correct as always, a creditor, including the IRS is not bound by a divorce decree for any debts that came before the divorce.
The only thing I will add is that if you have children and a low income, you can adjust your W-4 to get some of your earned income credit BEFORE you file year end taxes.
Consult with a CPA on how to get this done through your employer.
Good luck