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Old 05-15-2006, 03:36 AM
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Join Date: Nov 2004
Posts: 81

Neglected Court Order


What is the name of your state? California:
I'm not sure if im posting this in the right area, but here goes.
I was divorced in 1997. My ex -husband and I sat down with an attorney with all our terms agreed on and had the attorney put the terms in legal form, we signed it, he filed it etc...done.
Part of our agreement was that I would pay off all our credit card debt. His part of the community debt was paying off back taxes owed to the IRS. I paid my part of the debt off immediately, while he did not. This IRS issue went on for years. Finally last year he made the IRS an offer and paid them off to clear HIS name. Now the IRS is coming after me for part of that tax debt . Apparently the IRS does not recognize court orders as a relief from tax debt.
So what do I do now? I'm told i will have to sue my ex for this debt as the tax debt was his responsibilty. Do I do this through civil court or family court? Can I seek attorney fees? If he would have paid this off like he was supposed to, none of this would be an issue. Plus the IRS is threatening to levy my assetts!! Does'nt the IRS have a statute of limitation on how long they can go after you? This debt was from 1996. I would appreciate any advice possible.

Thanks, Debbie (Muki's wife)
  #2  
Old 05-15-2006, 06:56 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,781
Quote:
Originally Posted by mukiman
What is the name of your state? California:
I'm not sure if im posting this in the right area, but here goes.
I was divorced in 1997. My ex -husband and I sat down with an attorney with all our terms agreed on and had the attorney put the terms in legal form, we signed it, he filed it etc...done.
Part of our agreement was that I would pay off all our credit card debt. His part of the community debt was paying off back taxes owed to the IRS. I paid my part of the debt off immediately, while he did not. This IRS issue went on for years. Finally last year he made the IRS an offer and paid them off to clear HIS name. Now the IRS is coming after me for part of that tax debt . Apparently the IRS does not recognize court orders as a relief from tax debt.
So what do I do now? I'm told i will have to sue my ex for this debt as the tax debt was his responsibilty. Do I do this through civil court or family court? Can I seek attorney fees? If he would have paid this off like he was supposed to, none of this would be an issue. Plus the IRS is threatening to levy my assetts!! Does'nt the IRS have a statute of limitation on how long they can go after you? This debt was from 1996. I would appreciate any advice possible.

Thanks, Debbie (Muki's wife)
In answer to your questions:
The IRS does NOT recognize court orders in these situations. Why should they? They were not a party to your divorce.
You do what you were told to do -- take ex back to court -- file show cause for contempt in the court that issued the order. YOu might be able to ask for attorney fees if you have an attorney. The IRS has no statute of limitations on how long they can go after you. YOU OWE the money. Plain and simple. So pay it and then sue your ex.
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