Back taxes

[Kimby]

What is the name of your state (only U.S. law)? Tennessee

I am thinking of marrying a man that owes the IRS taxes from self-employment that, supposedly his ex-wife never paid...the sum of 32,000.00 to be exact. I currently have a pending lawsuit on a wrongful death case I filed 3 years ago...could the IRS come after me for the amount he owes? Could the IRS garnish my lawsuit settlement? The IRS is currently garnishing his wages for the amount he owes.
He also owes arrears in child support that are begin garnished also.
Please advise...should I wait until these debts are free and clear to marry?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Tennessee

I am thinking of marrying a man that owes the IRS taxes from self-employment that, supposedly his ex-wife never paid...the sum of 32,000.00 to be exact. I currently have a pending lawsuit on a wrongful death case I filed 3 years ago...could the IRS come after me for the amount he owes? Could the IRS garnish my lawsuit settlement? The IRS is currently garnishing his wages for the amount he owes.
He also owes arrears in child support that are begin garnished also.
Please advise...should I wait until these debts are free and clear to marry?

I guess it depends on how badly you want to be married to a someone who evades taxes and doesn't support his children.

To answer your question, the IRS can't come after YOU or your lawsuit settlement as long as you keep it separate. If you mingle it with marital assets, it becomes a marital asset and can be seized. Keep in mind, also, that any tax refunds that you might earn could be seized. Certainly if you're married, filing jointly, probably also if you're married, filing separately (ldij will know)

 

[cyjeff]

I agree with all of the above.

Including the thought to rethink a commitment to a person that, apparently, doesn't know how to keep one.

 

[LdiJ]

I guess it depends on how badly you want to be married to a someone who evades taxes and doesn't support his children.

To answer your question, the IRS can't come after YOU or your lawsuit settlement as long as you keep it separate. If you mingle it with marital assets, it becomes a marital asset and can be seized. Keep in mind, also, that any tax refunds that you might earn could be seized. Certainly if you're married, filing jointly, probably also if you're married, filing separately (ldij will know)

I would NOT get married to someone with that kind of tax and child support debt. You are just going to end up providing his primary support as well as having to be very careful about your assets.

However, as long as you own no assets together, (house cars etc) and have no joint bank accounts, your money should be safe.

You can file a joint tax return and file an injured spouse form to get back your share of any refund that would be due to you, and/or you could carefully construct your withholding to avoid having refunds.