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owed taxes after a divorce

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torimac

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

I was married in 1992 and divorced in 2008. During the divorce, I found out that the taxes were not filed for two years and those years we owed taxes. The amount was about 9k.
We were ordered to both pay the taxes, equal amounts. I paid my half. He has not paid his.
Now the IRS is coming after me for the rest of the taxes. It was recommended that I file an injured spouse form, so I did. I thought the case had been dismissed, even received my return last year. But I received a call from the IRS the other day as a follow up to a letter (sent to my old address, which I now have).
What options do I have? I can take him to court for contempt, but that will take time. Do I have any other options?
 


davew128

Senior Member
Do I have any other options?
No, not really. The IRS is not a party to, nor is it bound by your divorce agreement. I'm also not sure why you were advised to file an injured spouse form as it applies to an intercepted refund, not an amount owed. You may qualify for INNOCENT spouse relief, but until the IRS determines that you qualify after sending in the form, they will continue to contact you as well as your ex about the balance due.
 

LdiJ

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

I was married in 1992 and divorced in 2008. During the divorce, I found out that the taxes were not filed for two years and those years we owed taxes. The amount was about 9k.
We were ordered to both pay the taxes, equal amounts. I paid my half. He has not paid his.
Now the IRS is coming after me for the rest of the taxes. It was recommended that I file an injured spouse form, so I did. I thought the case had been dismissed, even received my return last year. But I received a call from the IRS the other day as a follow up to a letter (sent to my old address, which I now have).
What options do I have? I can take him to court for contempt, but that will take time. Do I have any other options?
I agree with Dave's advice, however I will also state that I have seen a few cases where the IRS has agreed (in a divorce situation) to not go after one spouse if that spouse can prove that they have paid half, and the other spouse is still in a collectable status.

So...talk to the IRS. It may not work, but it cannot hurt to try. I will tell you also however that the only time I have seen it happen is when the taxpayer talked to the IRS directly, without any professional help. As a professional, I was quite amazed that it happened...but it did happen.
 

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