enforcing divorce stipulation

[jacque212]

What is the name of your state?

NY

My ex-husband has not paid his part of the IRS bill that our divorce stipulates he owes.

I just got laid off and can't afford to hire an attorney.

The IRS wants their money from me even though I filed an innocent spouse form. They evidently don't care that the agreement clearly states what the ex agreed to pay.

Help!

The ex lives in NY and I live in Mass.

[Bali Hai]

Originally Posted by jacque212

What is the name of your state?

NY

My ex-husband has not paid his part of the IRS bill that our divorce stipulates he owes.

Was that stipulated in open court or just a gentlemens agreement?

Your divorce has nothing to do with the IRS collecting that debt. You owe the money.

I just got laid off and can't afford to hire an attorney.

Your problem, not the IRS.

The IRS wants their money from me even though I filed an innocent spouse form. They evidently don't care that the agreement clearly states what the ex agreed to pay.

Help!

The ex lives in NY and I live in Mass.

Your "agreement" has nothing to do with IRS collecting that debt.

[BL]

Originally Posted by Bali Hai

Your "agreement" has nothing to do with IRS collecting that debt.

Depending on the amount you may want to file small claims action , get a Judgment , and go through collection proceedings .

At they very least try emailing a Few divorce Lawyers in your husband's area , with your brief description here , and ask for a courtesy reply , or consult one for a small fee .

[jacque212]

Thanks for your reply.

The divorce agreement is a legal document enforceable in court (if I hire an attorney to get it enforced, that is).
I paid my share as agreed (and then some) but he hasn't paid his.

[LdiJ]

Originally Posted by jacque212

Thanks for your reply.

The divorce agreement is a legal document enforceable in court (if I hire an attorney to get it enforced, that is).
I paid my share as agreed (and then some) but he hasn't paid his.

Its enforceable in state court...but its not enforceable with the IRS. Federal law trumps state court rulings and therefore the IRS will continue to go after you until the debt is paid, no matter what happens at the state court level.

You will have civil remedies against your ex...but that won't stop the IRS from going after you....so keep that in mind. There is absolutely nothing that can be done legally to stop the IRS from going after you. The state court can financially punish your ex for not living up to his end of the agreement...but that is all.

[Bali Hai]

Originally Posted by LdiJ

Its enforceable in state court...but its not enforceable with the IRS. Federal law trumps state court rulings and therefore the IRS will continue to go after you until the debt is paid, no matter what happens at the state court level.

You will have civil remedies against your ex...but that won't stop the IRS from going after you....so keep that in mind. There is absolutely nothing that can be done legally to stop the IRS from going after you. The state court can financially punish your ex for not living up to his end of the agreement...but that is all.

Could the state court jail the ex for contempt?

[LdiJ]

Originally Posted by Bali Hai

Could the state court jail the ex for contempt?

While they could, its not very likely in this instance....they are more likely to give her a judgement so that she could place a lien on any property he owns. Of course that is assuming that the IRS actually gets any money from her.

The IRS is going to continue to go after him as well....just as hard as they go after her.