Does the divorce ever end???

[moooseman]

What is the name of your state? Illinois

My ex and I were divorced in 1998. In the divorce decree, it states that I am responsible for all local,state and federal taxes. We owned a bussiness. When we seperated and divorced all I received was a few boxes of clothes, No paperwork. At the end 2002 I received notice from the IRS that I owed some taxes. I filed my income taxes (for2002) and the refund was kept. I have not received any other communcation from the IRS. I assumed that the problem was resolved since from that point on I always received my refund . Last week a letter arrived from a local law firm. My ex is suing me for income taxes. These taxes are from 1996 and she paid them in november 2005. Is there a statute of limitations or do I owe her. They are trying to get me for contempt of court. If these taxes were owed I knew nothing about them and have noy been notified by the IRS or the ex.

[Bali Hai]

Originally Posted by moooseman

What is the name of your state? Illinois

My ex and I were divorced in 1998. In the divorce decree, it states that I am responsible for all local,state and federal taxes. We owned a bussiness. When we seperated and divorced all I received was a few boxes of clothes, No paperwork. At the end 2002 I received notice from the IRS that I owed some taxes. I filed my income taxes (for2002) and the refund was kept. I have not received any other communcation from the IRS. I assumed that the problem was resolved since from that point on I always received my refund . Last week a letter arrived from a local law firm. My ex is suing me for income taxes. These taxes are from 1996 and she paid them in november 2005. Is there a statute of limitations or do I owe her. They are trying to get me for contempt of court. If these taxes were owed I knew nothing about them and have noy been notified by the IRS or the ex.

Ignorance of the law is no excuse especially when it comes to owing a woman money!! Time to get smart.

[LdiJ]

Originally Posted by moooseman

What is the name of your state? Illinois

My ex and I were divorced in 1998. In the divorce decree, it states that I am responsible for all local,state and federal taxes. We owned a bussiness. When we seperated and divorced all I received was a few boxes of clothes, No paperwork. At the end 2002 I received notice from the IRS that I owed some taxes. I filed my income taxes (for2002) and the refund was kept. I have not received any other communcation from the IRS. I assumed that the problem was resolved since from that point on I always received my refund . Last week a letter arrived from a local law firm. My ex is suing me for income taxes. These taxes are from 1996 and she paid them in november 2005. Is there a statute of limitations or do I owe her. They are trying to get me for contempt of court. If these taxes were owed I knew nothing about them and have noy been notified by the IRS or the ex.

How much money is involved?

The only thing that I can really tell you is that if your name had been connected to those particular taxes, the IRS would have kept after you about them. You would not have received your refunds after 2002, the IRS would have kept taking them. Therefore the tax in question had to either be connected to the business's EIN (with your ex being the one connected with that), or had to have been connected soley to the ex's SSN.

If there is a significant amount of money involved, it would be in your best interest to get an attorney. You knew that you were responsible for the taxes outlined in the divorce decree, therefore you should have been making inquiries yourself regarding that. At the same time however, unless it was a surprize to your ex, you have an argument that she waited far too long to address the situation with you.

[Ohiogal]

How exactly is the tax provision worded.

[LdiJ]

Originally Posted by Ohiogal

How exactly is the tax provision worded.

That matters, but this isn't just a family law matter. Or rather, I should say that it may not be a family law matter. The ex may possibly have remedies outside of the divorce decree, depending on the nature of the tax in question. It also may not be covered at all by the divorce decree, again depending on the nature of the tax in question.

So a question that I should have included in my response, is what is the nature of the tax?

[moooseman]

Thanks for all of your reponses. The amount is 17K, and I am assuming it is for personal income taxes that I thought had been paid in the customary quarterly payments, in 1996. I am waiting for a copy of the decree so I can see exactly how it is worded.

[Bali Hai]

Originally Posted by moooseman

Thanks for all of your reponses. The amount is 17K, and I am assuming it is for personal income taxes that I thought had been paid in the customary quarterly payments, in 1996. I am waiting for a copy of the decree so I can see exactly how it is worded.

You could have included these facts in your original post and spared us the intrigue.

But thanks for the update bullwinkle.

[LdiJ]

Originally Posted by moooseman

Thanks for all of your reponses. The amount is 17K, and I am assuming it is for personal income taxes that I thought had been paid in the customary quarterly payments, in 1996. I am waiting for a copy of the decree so I can see exactly how it is worded.

Come on dude....you are telling you that you divorced in 1998 and that the taxes are for tax year 1996. Therefore you knew darned well (or should have known darned well) what taxes were outstanding for 1996 when you divorced in 1998.

I also find it a real stretch that you were married in 1996 and didn't know what quarterly payments were or were not made....when the divorce decree made you responsible for outstanding tax. If it was her business and she was playing games, and the divorce decree assigned the tax to her then I could buy that you were in the dark....but the divorce decree assigned the tax to you....so I don't buy it at all.

Now...if it was trust fund taxes that you had no idea weren't paid...I could buy that if you weren't involved in the business (withholding taxes, employers taxes etc.).

However, at the same time, if it was personal taxes the IRS should not have released your refunds since 2002.

So...I am starting to get the idea that you could be a troll....because there is no way in heck that it could have been personal taxes if you got your refunds for 2002 forward.