Ex didnt file for a Tax ID#

[NMJustice]

What is the name of your state? New Mexico

My husbands Ex wife was working as a contracted employee for an attorney towards the end of their marriage. Her Employer explained to her that she needed to obtain a Tax ID# so she could pay taxes on her earnings. My husband assumed that she had done so, and really had no knowledge of what she had been making and if she was paying taxes because they had separate bank accounts that they deposited their earings in. Anyways come to find out when the Divorce was final she had not been paying taxes, not to mention that she failed to answer a judegement for debt that they had during the marriage and he was the only one that was being garnished (she did recieve the summons by the way, but felt the need to be petty and didnt tell him) Anyways my question is...because she failed to pay taxes on this income can my husband me liable as well because their divorce wasnt final, not to mention the fact that he didnt even know about it. And can the IRS or any other companies go after ME now because we are married?

Any help would be appreciated.

 

[Snipes5]

A tax ID? Is she an alien?

Did he file a joint tax return with her for any of those years? If he did, he's on the hook unless he can prove "innocent spouse".

They can and will take any joint property he holds with you.

Need a little more info to answer you properly.

Snipes

 

[NMJustice]

She is not an alien, dont ask me why her employer decided to hire her that way, but I suspect that it was so he wouldnt have to pay taxes on her employment or offer her any medical benefits. My husband honestly did not know that she was not paying taxes..until the divorce, and yes he did file taxes joint but like an idiot she had someone do their taxes and she would only bring the signature page for him to sign. I dont know what we are going to do. Its extreemly unfair that I would have to pay the price for her when she was the one that broke the law. When should he file for innocent spouse and if they filed jointly does he even have that option any longer? Oh and in the divorce decree it states that because she failed to inform my husband she wasnt paying taxes on her earnings that debt would be hers. From my understanding that doesnt bind the IRS and they can still go after my husband because the Judgement was made in a Judical Court. Is that true or will the IRS only go after her because it states in the decree that it is her debt? I know this is a nightmare. I dont know what to do to protect my assets for our childrens sake. If you have any suggestions it would be greatly appreciated.

 

[Snipes5]

First things first. If she isn't an alien, she HAS a tax ID, it's her Social Security Number.

He can file innocent spouse at any time. He should go to an Enrolled Agent to settle his problems with the IRS, and the EA will help file the Innocent Spouse forms.

If he signed the tax forms without looking at them, that is HIS responsibility, and no one else's, sorry. People should never sign anything without reading it thoroughly.

True, the court's designation of tax debt does not bind the IRS, though it MAY give him better footing for the Innocent Spouse claim.

As for you:

To protect your assets, separate them from his as completely as possible. No joint accounts, no jointly owned property, etc. Until this is completely resolved.

As for your joint returns with him, you can file an "Injured Spouse" claim, and the IRS *may* award you any portion of the refund that is deemed yours according to their formula.

Note that this will take a long time, possibly four to six months. Also note that Innocent Spouse and Injured Spouse are completely different things, do not confuse the terms or that will complicate your situation.

An Innocent spouse is someone who was married to and filed tax returns with someone who, unbeknownst to them, was violating tax laws. An Injured spouse is someone who gets married or is married to someone who has tax or other government debt that is not in any way the responsibility of the injured party. So your husband is the Innocent one, and you are the Injured one.

Start with the EA and go from there.

Snipes

 

[NMJustice]

Snipes thank you so very very much. Atleast I know now what to do and atleast I wont totally get screwed in all of this. Again thanks so very much.

Jennifer