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Divorce and State Taxes...

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littleones

Junior Member
What is the name of your state (only U.S. law)? CA

I hope this is the right forum, if not please direct me to the correct one :)

When my ex and I divorced almost 3 years ago, there was no mention of past due amounts owed to the state for income taxes in our decree. Is it possible to go back to court and get the amount owed split in half, where legally he would owe 1/2 and I would owe half, and neither of us could be held responsible for the others 1/2? If we are able to do that, would the FTB actually adhere to that...or would they still hold me responsible for the full amount?
 


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jumac

Member
A senor can give you more info but i think that you might be able to get a judge to order that he has to pay 1/2. I would say that the state would not be bound by it, meaning that if he dose not pay anything the state could come after you for the whole amount then you would have to go after your ex for the amount he was order to pay.
 
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mistoffolees

Senior Member
jumac said:
A senor can give you more info but i think that you might be able to get a judge to order that he has to pay 1/2. I would say that the state would not be bound by it, meaning that if he dose not pay anything the state could come after you for the whole amount then you would have to go after your ex for the amount he was order to pay.
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That is correct.

However, what is the amount of tax owed? Keep in mind that you're going to have legal expenses to try to get it changed, and then possibly more legal expenses trying to recover his half. If the amount isn't too large, it may be worth just paying it.
 
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nextwife

Senior Member
littleones said:
What is the name of your state (only U.S. law)? CA

I hope this is the right forum, if not please direct me to the correct one :)

When my ex and I divorced almost 3 years ago, there was no mention of past due amounts owed to the state for income taxes in our decree. Is it possible to go back to court and get the amount owed split in half, where legally he would owe 1/2 and I would owe half, and neither of us could be held responsible for the others 1/2? If we are able to do that, would the FTB actually adhere to that...or would they still hold me responsible for the full amount?
Click to expand...
The taxing authority can collect according to whatever collection power the statues give them. If both parties owed taxes, they can and will collect from either or both, whomever they can get it from. Any court agreement to pay is simply an agreement between you and ex about who will pay. The agreement will not limit the state's right to collect. So, if it remains unpaid, they will collect from whomever they can, including liens on property, garnishment, etc.
 
L

littleones

Junior Member
Thanks for the responses, I appreciate it. At least, I know what my options are, which unfortunately, the only option appears to be to continue paying on it, and hope that he will actually make some payments as well.

Again thanks so much!
 
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