Patience Gone.. Now Pay !!!

[mukiman]

What is the name of your state? CALIFORNIA
I have asked questions relating to this situation before, but my patience is GONE and I'm looking for answers on what to do next.
My ex and I divorced back in 97' and have been pretty amicable through the years. When we divorced we agreed that I would take our community debt. as far as credit cards and other misc. things... and he took the tax debt. I paid my part off immediately, while he drug his part out up until now. Last year he submitted an "offer and compromise" solely in HIS name and HIS SS# and paid it off to clear his name. Now the IRS is coming after me for the 1996 amount they can get before the statute runs out. Because the IRS does not honor civil court orders, I know this will be a civil matter.To keep the "peace" (for our kids) I have even worked with him and his tax advisor to try to get this resolved. But, Im DONE, this is affecting my credit rating etc... as well as other things, and I want it paid NOW. They will seize our income tax return this next year if he does'nt get it handled.His tax advisor told him the only way he would qualify for the "offer" was to only use his name because my current husband and I show too much income. He also told him there was a "chance " the IRS may come after me for the remainder and civilly he'd be rsponsible. but hoped they would'nt because I do not work. (stupid idea)
What should i do? Just get an attorney and sue him? What kind of attorney do i look for... tax or divorce?

Thanks..... Debbie

 

[LdiJ]

What is the name of your state? CALIFORNIA
I have asked questions relating to this situation before, but my patience is GONE and I'm looking for answers on what to do next.
My ex and I divorced back in 97' and have been pretty amicable through the years. When we divorced we agreed that I would take our community debt. as far as credit cards and other misc. things... and he took the tax debt. I paid my part off immediately, while he drug his part out up until now. Last year he submitted an "offer and compromise" solely in HIS name and HIS SS# and paid it off to clear his name. Now the IRS is coming after me for the 1996 amount they can get before the statute runs out. Because the IRS does not honor civil court orders, I know this will be a civil matter.To keep the "peace" (for our kids) I have even worked with him and his tax advisor to try to get this resolved. But, Im DONE, this is affecting my credit rating etc... as well as other things, and I want it paid NOW. They will seize our income tax return this next year if he does'nt get it handled.His tax advisor told him the only way he would qualify for the "offer" was to only use his name because my current husband and I show too much income. He also told him there was a "chance " the IRS may come after me for the remainder and civilly he'd be rsponsible. but hoped they would'nt because I do not work. (stupid idea)
What should i do? Just get an attorney and sue him? What kind of attorney do i look for... tax or divorce?

Thanks..... Debbie

Well, he is certainly in contempt of the family court orders. You can go that route. However, you also might want to sue him in a regular civil suit. The problem is, is that he can file bankruptcy and get out from under the debt that way.

By the way, unless it would seriously hurt you otherwise, your husband can file his taxes as "married filing separately". That would guarantee that the refund could not be taken.
He could also file an injurred spouse form in lieu of not filling separately. Talk to a local tax consultant.

 

[mom6399]

Innocent Spouse Relief

It does not take long to fill out the Innocent Spouse Refielf form from the IRS website.

Do not listen to the person trying to collect on behalf of the IRS. He or she is in the collections department and is not interested in helping you get out of the debt. The innocent spouse relief folks were very, very helpful and considerate and my request was granted. The collections guy at the IRS, my accountant and lawyer told me relief was rarely granted. However, the innocent spouse relief folks told me that in most cases where it can be clearly documented that the debt is not yours, it is.

Fill out the form, write a heartfelt letter, send a copy of your decree. You can do that without an attorney. It's worth a shot and it worked for me.

Good luck.

 

[ceara19]

It does not take long to fill out the Innocent Spouse Refielf form from the IRS website.

Do not listen to the person trying to collect on behalf of the IRS. He or she is in the collections department and is not interested in helping you get out of the debt. The innocent spouse relief folks were very, very helpful and considerate and my request was granted. The collections guy at the IRS, my accountant and lawyer told me relief was rarely granted. However, the innocent spouse relief folks told me that in most cases where it can be clearly documented that the debt is not yours, it is.

Fill out the form, write a heartfelt letter, send a copy of your decree. You can do that without an attorney. It's worth a shot and it worked for me.

Good luck.

It's INJURED spouse and the IRS is not a party to their divorce decree. The debt was incurred WHILE THEY WERE MARRIED. The debt is a marital debt. The ONLY thing that the OP has stating that she is not responsible for this debt is her divorce decree and that won't cut it with the IRS.

 

[mukiman]

Thanks for all the advice.I was told by a tax advisor that the injured spouse form may save half of our tax return, but because Ca. is a community property state they would still assign half OF THE RETURN to me and THEN take it !!
Also, I don't see my ex being able to file BK. when in the past 2 years he bought a $600.000+ home,landscaped and put in a pool, owns a 40' toy hauler trailer, numerous dirt bikes, a dune buggy and just bought or leased a new 07 Ford disel truck. Plus he owns his own business which is their only source of income. I could be wrong, but he would have to hide a lot of stuff. Plus if I'm pushed to sue I might as well ask the court for a cost of living increase for my child support since it has not changed in 10 years.I think my divorce order also states something like if one of us has to go to court because the other fails to pay their debt, that person can also seek attorney fees. Sound right?
What kind of lawyer do I need? Divorce? Do i send him a final letter demanding payment, or just sue? I have always tried to be so nice about all this... but I feel taken advantage of...... ugh !
Again, thanks...deb

 

[ceara19]

Thanks for all the advice.I was told by a tax advisor that the injured spouse form may save half of our tax return, but because Ca. is a community property state they would still assign half OF THE RETURN to me and THEN take it !!
Also, I don't see my ex being able to file BK. when in the past 2 years he bought a $600.000+ home,landscaped and put in a pool, owns a 40' toy hauler trailer, numerous dirt bikes, a dune buggy and just bought or leased a new 07 Ford disel truck. Plus he owns his own business which is their only source of income. I could be wrong, but he would have to hide a lot of stuff. Plus if I'm pushed to sue I might as well ask the court for a cost of living increase for my child support since it has not changed in 10 years.

I think my divorce order also states something like if one of us has to go to court because the other fails to pay their debt, that person can also seek attorney fees. Sound right?

What kind of lawyer do I need? Divorce? Do i send him a final letter demanding payment, or just sue? I have always tried to be so nice about all this... but I feel taken advantage of...... ugh !
Again, thanks...deb

That could certainly be true. It's pretty standard in orders in my area, but you will still want to check your divorce decree. Even if it's not included, it is typical for a party found in contemp to be ordered to pay all court costs and legal fees for the other party (when the other party ASKS for it)

 

[LdiJ]

Thanks for all the advice.I was told by a tax advisor that the injured spouse form may save half of our tax return, but because Ca. is a community property state they would still assign half OF THE RETURN to me and THEN take it !!
Also, I don't see my ex being able to file BK. when in the past 2 years he bought a $600.000+ home,landscaped and put in a pool, owns a 40' toy hauler trailer, numerous dirt bikes, a dune buggy and just bought or leased a new 07 Ford disel truck. Plus he owns his own business which is their only source of income. I could be wrong, but he would have to hide a lot of stuff. Plus if I'm pushed to sue I might as well ask the court for a cost of living increase for my child support since it has not changed in 10 years.I think my divorce order also states something like if one of us has to go to court because the other fails to pay their debt, that person can also seek attorney fees. Sound right?
What kind of lawyer do I need? Divorce? Do i send him a final letter demanding payment, or just sue? I have always tried to be so nice about all this... but I feel taken advantage of...... ugh !
Again, thanks...deb

Go ahead and file for the child support increase. If nothing else, that will at least may gain you additional funds.

You are however going to have to take him back to court for the non-performance on his share of the debt.

You might just flat out tell him that you have consulted your own tax advisor, and that the IRS WILL go after you for the remainder of the taxes owed, and that you WILL sue him for the balance due....and ask that he be held responsible for all of your legal fees. Make him think twice about not paying off the debt in full.

 

[mukiman]

Go ahead and file for the child support increase. If nothing else, that will at least may gain you additional funds.

You are however going to have to take him back to court for the non-performance on his share of the debt.

You might just flat out tell him that you have consulted your own tax advisor, and that the IRS WILL go after you for the remainder of the taxes owed, and that you WILL sue him for the balance due....and ask that he be held responsible for all of your legal fees. Make him think twice about not paying off the debt in full.

Thanks LdiJ... thats what I was thinking. Plus the if we go to court I can at least show the judge I made a "good faith " attempt to resolve this out of court. I know judges HATE it when they feel their time has been wasted.(and rightfully so)
Debbie