how did this happen

[ara9630]

Nevada
after the divorce
I had both of my kids live with me for two years in california (17 , 15 ) .. while their mother lived in Vegas..... never filed for support ... dnt ask why ..
.. now my son wants to move with his mom in nevada .. and it is ok with me
.. but she filed for change of custody .. and other complains such as IRS debt that is being garnished from her paychecks (I'm unimployed ..so the IRS is not bothering me).. that we owed before divorce ... i did not show at court thinking my son with her / the daughter with me .. did not think the judge would bother with IRS debt ... or anything but child support
just got a letter from court saying
" the court shall retain jurisdiction ovr the issue of the defendants requesting plaintif to reimburse her for half of the IRS debt "
and the defendant shall prepare the order ...
IRS bill is 18 thousand and so far she has paid only 7 thousand .... not even the half

1-- where am i standing .. is this a judgment .. do I get to say anything ...
what happens when she files the order ..what happens next
2-- can i still file for the two years she has not paid a penny for child supportWhat is the name of your state (only U.S. law)?

[LdiJ]

Originally Posted by ara9630

Nevada
after the divorce
I had both of my kids live with me for two years in california (17 , 15 ) .. while their mother lived in Vegas..... never filed for support ... dnt ask why ..
.. now my son wants to move with his mom in nevada .. and it is ok with me
.. but she filed for change of custody .. and other complains such as IRS debt that is being garnished from her paychecks (I'm unimployed ..so the IRS is not bothering me).. that we owed before divorce ... i did not show at court thinking my son with her / the daughter with me .. did not think the judge would bother with IRS debt ... or anything but child support
just got a letter from court saying
" the court shall retain jurisdiction ovr the issue of the defendants requesting plaintif to reimburse her for half of the IRS debt "
and the defendant shall prepare the order ...
IRS bill is 18 thousand and so far she has paid only 7 thousand .... not even the half

1-- where am i standing .. is this a judgment .. do I get to say anything ...
what happens when she files the order ..what happens next
2-- can i still file for the two years she has not paid a penny for child supportWhat is the name of your state (only U.S. law)?

You didn't file for child support and its too late to do so now for past years.

You can appeal the judgement if you think that the judge made an error of law, but "I didn't show for court because I didn't think it was important, and now I am sorry" is not a valid reason for an appeal.

Please explain why you think that your ex should be stuck with the joint IRS debt? Whose income was the cause of the debt?

[Ohiogal]

Originally Posted by ara9630

Nevada
after the divorce
I had both of my kids live with me for two years in california (17 , 15 ) .. while their mother lived in Vegas..... never filed for support ... dnt ask why ..
.. now my son wants to move with his mom in nevada .. and it is ok with me
.. but she filed for change of custody .. and other complains such as IRS debt that is being garnished from her paychecks (I'm unimployed ..so the IRS is not bothering me).. that we owed before divorce ... i did not show at court thinking my son with her / the daughter with me .. did not think the judge would bother with IRS debt ... or anything but child support
just got a letter from court saying
" the court shall retain jurisdiction ovr the issue of the defendants requesting plaintif to reimburse her for half of the IRS debt "
and the defendant shall prepare the order ...
IRS bill is 18 thousand and so far she has paid only 7 thousand .... not even the half

1-- where am i standing .. is this a judgment .. do I get to say anything ...
what happens when she files the order ..what happens next
2-- can i still file for the two years she has not paid a penny for child supportWhat is the name of your state (only U.S. law)?

She has only paid 7 thousand and you have paid nothing, right? Why should she be the only one responsible for it? And no you can't file for the last two years. You screwed up. YOu should ALWAYS go to court. You could always sue mom for child support for your daughter who still lives with you.

[ara9630]

thank you for the response ... i should be saying she should pay all the amount ..but she has not paid her half ... yet..
the reason for the debt was a property that was sold before the divorce...
and the reason for the divorce was her gambling of our svings account of over 100k .. and all the jewelry that she pawnd and lost ...even my wedding ring .. and forging bank statments to imbzl 15k from a christian organization over one year period as their accountnt .. luckly they did not charge her .. and i paid for it ...selling some jewelry ... ... she turned from a good wife into evil lier bcse of her addiction.. i gave it another year till I gave up..and filed for divorce... three years ago..

[Ohiogal]

thank you for the response ... i should be saying she should pay all the amount ..but she has not paid her half ... yet..

And YOU haven't paid anything. So deal with it. YOU owe half as well. It is not a case of she pays first and then you pay. YOU should be paying all along as well. if you don't have a job, GET ONE.

the reason for the debt was a property that was sold before the divorce...

And? You filed taxes jointly. It was therefore MARITAL debt.

and the reason for the divorce was her gambling of our svings account of over 100k .. and all the jewelry that she pawnd and lost ...even my wedding ring .. and forging bank statments to imbzl 15k from a christian organization over one year period as their accountnt .. luckly they did not charge her .. and i paid for it ...selling some jewelry ... ... she turned from a good wife into evil lier bcse of her addiction.. i gave it another year till I gave up..and filed for divorce... three years ago..

And? None of that matters if there is a court order stating you pay half. NONE of that matters. It could have mattered if you would have bothered going to court but you didn't care that much.

[LdiJ]

Originally Posted by Ohiogal

And YOU haven't paid anything. So deal with it. YOU owe half as well. It is not a case of she pays first and then you pay. YOU should be paying all along as well. if you don't have a job, GET ONE.


And? You filed taxes jointly. It was therefore MARITAL debt.



And? None of that matters if there is a court order stating you pay half. NONE of that matters. It could have mattered if you would have bothered going to court but you didn't care that much.

I agree with this wholeheartedly.

If you had done the right thing and set up an installment plan with the IRS, from the get go, you would not be in this position now.

I have no sympathy for people who bury their head in the sand when it comes to IRS debt...or who passively stick their ex spouse with it. I understand that your ex gambled away your marital assets, however, that does not excuse you ignoring your tax obligations.