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  1. #1
    lpage Guest

    husband and exwife owes back taxes

    What is the name of your state? maryland (ohio state taxes)

    my husband and his former spouse owe back taxes in the state of ohio. This bill is now in collections and she won't agree to pay half even though it is in both of their names (ex: frank and ann jones). I told my husband that we would pay the entire amount but she should be responsible for her half (she can pay us back). Her words to us and the collection agency is that she aint paying a dime. So of course the collection agency said that if they have to sue they will sue them both seperately for the full amount (garnishment)

    The divorce decree does not list anything besides child support and health insurance (done pro se) and the ex wife filed bankruptcy some years ago but did not include this.

    My question. If we pay the full bill and she does not pay her share, can we sue her in small claims court for her half?
    Last edited by lpage; 04-01-2003 at 05:13 PM.
  2. #2
    JETX is offline Senior Member
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    "can we sue her in small claims court for her half?"
    *** Yes and no. "We" can't sue her, but your husband could. The real question is would he win? And no one can answer that, since we have no idea what, if any, evidence either party could bring. Also, it is possible that the court could find that the tax was jointly owed by the marriage and as such, could or should be paid by either party without liability to the other.
  3. #3
    annefan is offline Member
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    Actually, "we" (the poster and her husband) could end up both paying because the Internal Revenue Service can offset any tax refund they might anticipate, in order to satisfy the State Tax obligation, if they file as Married Filing Jointly. If this is the case, there are a few recourses which the poster's husband can take and only one recourse the poster can take:

    Poster, in order to protect her financial interest in any refund being offset because of prior marriage debt: File married filing seperately.

    The husband: File seperately, also file Request for Innocent Spouse Relief, Separation of Liability or Equitable Relief (whichever applies).

    Whether the debt is in collection agency status or not, the IRS still has on record that the Ohio State Tax is delinquent and they WILL offset refund monies from the HUSBAND (if they filed married, jointly during the marriage).

    Civil court may become involved later, but why jump to that choice when there are options in place through the IRS.
  4. #4
    lpage Guest
    i did not mean we but "he"

    the collection agency claims they will sue both parties for the full amount if necessary - but they will not split the amount down the middle ( i know that isn't their job)

    I wanted to know if there was any way my husband can make her cough up her half (this was a joint bill and according to the paperwork it was because there was a failure to file)
  5. #5
    JETX is offline Senior Member
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    See my post. He has no inherent right to 'halfsies' the debt. That doesn't mean that he can't convince the court that the liability could be split, only that the court may decide that the debt was due from them jointly (anyone pays).

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