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Divorce Debt

  • Thread starter Brenda Friedrich
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Brenda Friedrich

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What is the name of your state? Arizona/ After the divorce, husband declared bankruptcy. I have all the marital debt. We jointly had a tax debt to uncle sam. He was not forgiven through bankruptcy for his government tax debt. The government applied my tax return $4200(2002) to the debt which was $500 over my responsibility. Recently, I was suppose to receive a Tax credit (check $400.00/child) from the government. Instead I received a letter stating they applied it to the (his) tax debt. I asked him to reimburse me. No luck. He did sign an installment agreement with the government. I have a copy.
Question? I want reimbursement from him for the $500 and the tax credits$ I should have received. Do I file a Motion/Petition to show cause ( asking for a $judgement against him) in family court. I want to represent myself and simply need the verbage for my petition. Any sugestions? Thank you.
 
Last edited:


VeronicaGia

Senior Member
Well, you have two problems here. While a family court may decide who is to pay debts, the fact is the person responsible by signing a contract (or tax return) on the dotted line is the person responsible. So, the IRS will get its money one way or the other and family court does not trump the IRS. However, you can file a contempt action against him in family court for the debt.
 

dcw888

Member
It Isn't over Till The Fat Lady Sings

I am going through very much the same thing. My Ex had us file a joint return & even though the taxes were his & he set up payments with the IRS, they are looking at me.
Look up the IRS website. Check uder the Innocent Spouse section. There is a lot of very good information. I am asking for Equitable Relief/ Seperation of Liability.
Good Luck to you & try every avenue there is...
 

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