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Liens on Property

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momxthree

Member
What is the name of your state? Louisiana

Divorced. Ex stopped filing/paying both federal and state taxes (for years AFTER divorce final). Property being settled, find out that there are both federal and state liens on the property (for years AFTER divorce final). My account is clear, I do not owe taxes. However, both names on the title (can't sell or refinance while there are liens). Received Judgement in Feb for child support arrears, attorney fees/court costs. Judge took it out of his equity on the home. This leaves him no equity.
My judgement was filed AFTER the federal/state tax liens. I understand that it is a 'first come/first serve basis' but could my judgement be considered first because it is for child support? Does my financial hardship matter to the IRS? Will they take my equity to satisfy the liens?
He has been 'ordered' to 'handle' the matter. However, he has been ordered to pay child support (four separate judgements for contempt over the years). Ordered to start paying new child support (recalculated) as of March 1st. Ink wasn't even dry... already in contempt again! He is NOT going to 'handle' this... can't even FIND him right now!!!!
Do I have any options? Or did I work for 10 years to pay my mortgage/taxes etc. etc.... to see MY equity flushed down the drain????
No one at the IRS or the State will talk to me... they keep telling me that they can't help or give me information because I AM NOT THE TAXPAYER!!!! DUH... that is MY PROBLEM!
Any advice would be helpful!!!!What is the name of your state?
 


LdiJ

Senior Member
What is the name of your state? Louisiana

Divorced. Ex stopped filing/paying both federal and state taxes (for years AFTER divorce final). Property being settled, find out that there are both federal and state liens on the property (for years AFTER divorce final). My account is clear, I do not owe taxes. However, both names on the title (can't sell or refinance while there are liens). Received Judgement in Feb for child support arrears, attorney fees/court costs. Judge took it out of his equity on the home. This leaves him no equity.
My judgement was filed AFTER the federal/state tax liens. I understand that it is a 'first come/first serve basis' but could my judgement be considered first because it is for child support? Does my financial hardship matter to the IRS? Will they take my equity to satisfy the liens?
He has been 'ordered' to 'handle' the matter. However, he has been ordered to pay child support (four separate judgements for contempt over the years). Ordered to start paying new child support (recalculated) as of March 1st. Ink wasn't even dry... already in contempt again! He is NOT going to 'handle' this... can't even FIND him right now!!!!
Do I have any options? Or did I work for 10 years to pay my mortgage/taxes etc. etc.... to see MY equity flushed down the drain????
No one at the IRS or the State will talk to me... they keep telling me that they can't help or give me information because I AM NOT THE TAXPAYER!!!! DUH... that is MY PROBLEM!
Any advice would be helpful!!!!What is the name of your state?
I think that you need to talk to a tax attorney. It may be possible to get the IRS to settle for his share of the equity, rather than taking some of your share as well. However, I think you need a tax attorney to help you try to negotiate that.
 

momxthree

Member
I have worked with an attorney. The first one I paid $1500 and he said that I needed to get a judgement. Then paid my family attorney ANOTHER $5000 to sue AGAIN and get a judgement for back child support. I did that.
Now, I'm OUT of money... still not getting child support....still paying the mortgage on a house that I may never get anything out of.
I called the National Taxpayer Advocate Hotline... they transferred me to a "Specialist"... then after on hold for EVER... it hung up on me!
I wrote a letter to the local Taxper Advocate in New Orleans. I'm hoping that maybe they can help me.

The only other thing that I've been able to find on line and researching the IRS website... is possibly refinancing the house and have the equity go into an escrow account. Then at least that way they can't continue to put liens since his name will be removed from the title. Then hope like crazy he 'fixes' the tax situation or I can figure out a way to get them to remove them....of course... I'll have to FIND him first to be able to refinance and get his name off of the title... if he'll even agree to it!
 

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