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Can I enforce the wage garnishment if she claimed bankruptcy, chapter 7, 3 years ago. I have paid my half, but must continue paying IRS or they will garnish my wages. IRS does not care who pays, they just want their money. She has been served with the wage garnishment, how long does she have to dispute it ?

2006-09-06 13:03:57 · 3 answers · asked by Minnie M 1 in Business & Finance Taxes United States

3 answers

Generally, bankruptcy does not discharge Tax debt. It may make a difference if the garnishment order preceded the bankruptcy. If the order came after the bankruptcy, it should stand. Because you a jointly liable, the IRS is going after the person who is easier to collect from. Have you tried asking the IRS to enforce the garnishment order? I don't know if they will, but it can't hurt to ask. If they say no, what have you lost?

2006-09-06 13:11:36 · answer #1 · answered by STEVEN F 7 · 0 0

I don't think she can dispute it, unless you and she had an agreement that "you" would pay the taxes. If not, then she will have to pay her share by garnishment, if she is drawing wages.
You are correct. If for some reason she can't pay, you are still liable. Just the way joint returns are handled.
Bankruptcy does not apply to taxes.

2006-09-06 20:12:16 · answer #2 · answered by ed 7 · 1 0

Sometimes you can qualify for "innocent spouse" or "injured spouse" status with the IRS. Go to irs.gov to find out. Sometimes they will split the unpaid bill, but not always 50/50.Good luck.

2006-09-09 19:36:46 · answer #3 · answered by Betty 4 · 0 0

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