In our divorce settlement it is stated that he is responsible for all back taxes. (His negligence is the reason they occured.) Last year I expected my refund and they kept it and applied it to his account. How can I get the refund that is coming to me this year?
2007-02-08 04:16:50 · 4 answers · asked by catwoman92672 1 in Business & Finance ➔ Taxes ➔ United States
Even if your divorce settlement states that he is taking responsiblity for the tax liabilty, the IRS does not recognise this. You filed and signed a joint return with him so you are legally liable for the debt as is he. Your only recourse is to take him to court over failure to abide by the divorce agreement. The IRS does not cancel your liability based on a divorce agreement
2007-02-08 05:11:35 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You need to communicate with the IRS. They don't know the terms of your divorce settlement. All they know is there is a joint debt that clearly has not yet been paid. You should be able to get your refund back from last year too. You probably need a tax lawyer or other advocate to help you because the rules can get tricky. A lawyer may be a bit expensive, but they will keep taking your money until the debt is paid, which doesn't seem like something your husband is going to do.
2007-02-08 12:48:58 · answer #2 · answered by rosekm 3 · 0⤊ 1⤋
Did you make the IRS aware of the terms of your divorce settlement when they kept your taxes last year? I don't know if that makes a difference or not because when you are married everything is jointly owned, even your obligations. You need to speak with a tax professional to get a good answer.
2007-02-08 12:21:47 · answer #3 · answered by meathookcook 6 · 0⤊ 1⤋
no i do not think so, at least i hope not as in similiar position.
Should be nothing aftewr date of separation unlessw u r indicated somehow. like a loan in both of your names
2007-02-08 12:29:55 · answer #4 · answered by Anonymous · 0⤊ 1⤋