Post Divorce Decree - Late Taxes Dilemma

[rdtx]

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

Here is my dilemma - Divorce Final on 12/27

Decree reads:

IT IS ORDERED AND DECREED that (ME) shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through 12/31/2011,
and that (ME) shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold (HER) and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a (HER)
omission of taxable income or claim of erroneous deductions.

It's been 4 months since I have had any contact with her - 3 months since she had the attorney draw up the (what now look to be very generic - found the exact verbiage online) docs and nearly one month since I formally requested her 2011 1099s and W2s via her attorney.

I signed the Decree because it gave me the Deed to my house (which I paid cash for) in case anyone was wondering - as TX Property Laws had me in a spot where I play nice or forfeit 50% of my equity.

She is MIA in a new relationship - and off the grid.

I cannot file a joint return without her signature - I am guessing Fraudulent Tax Returns/Forgery is worse than not following the Decree to the letter.

How can I file anything but my own Taxes as Married Filing Separately and let the future chips fall where they may?

 

[Zigner]

You can't file a joint return as you were not married at the end of the year (and she's alive)

 

[rdtx]

You can't file a joint return as you were not married at the end of the year (and she's alive)

Sorry - I just realized that may have been unclear as far as the dates.

We were married on 12/31/2011 - Divorce Final on 12/27/2012

Sorry about that.

 

[Zigner]

Sorry - I just realized that may have been unclear as far as the dates.

We were married on 12/31/2011 - Divorce Final on 12/27/2012

Sorry about that.

Taxes were already due for '11 - why weren't they filed previously? Why wasn't this addressed before the divorce was finalized?

 

[rdtx]

Taxes were already due for '11 - why weren't they filed previously? Why wasn't this addressed before the divorce was finalized?

1. Because ex-wife had many issues (health and otherwise) that came out over the past 3 years - not the least of which was her inability to handle an Office Job and going to work from home as Contract Labor.

2. If I had raised Hell on the Income Tax Issue with an unstable soon to be ex-wife in Texas, I ran the risk of being forced to get a Cash Out Mortgage and give her 50% of the equity (and have a mortgage payment to boot).

Raising Hell over a few grand in Taxes to risk handing over $100K in equity did and still does not seem like a wise roll of the dice.

The question is not 'How can I skip out on paying the Taxes' BTW.

 

[Zigner]

1. Because ex-wife had many issues (health and otherwise) that came out over the past 3 years - not the least of which was her inability to handle an Office Job and going to work from home as Contract Labor.

2. If I had raised Hell on the Income Tax Issue with an unstable soon to be ex-wife in Texas, I ran the risk of being forced to get a Cash Out Mortgage and give her 50% of the equity (and have a mortgage payment to boot).

Raising Hell over a few grand in Taxes to risk handing over $100K in equity did and still does not seem like a wise roll of the dice.

The question is not 'How can I skip out on paying the Taxes' BTW.

I would suggest that you consult with your attorney.

Good day.

 

[LdiJ]

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

Here is my dilemma - Divorce Final on 12/27

Decree reads:

IT IS ORDERED AND DECREED that (ME) shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through 12/31/2011,
and that (ME) shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold (HER) and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a (HER)
omission of taxable income or claim of erroneous deductions.

It's been 4 months since I have had any contact with her - 3 months since she had the attorney draw up the (what now look to be very generic - found the exact verbiage online) docs and nearly one month since I formally requested her 2011 1099s and W2s via her attorney.

I signed the Decree because it gave me the Deed to my house (which I paid cash for) in case anyone was wondering - as TX Property Laws had me in a spot where I play nice or forfeit 50% of my equity.

She is MIA in a new relationship - and off the grid.

I cannot file a joint return without her signature - I am guessing Fraudulent Tax Returns/Forgery is worse than not following the Decree to the letter.

How can I file anything but my own Taxes as Married Filing Separately and let the future chips fall where they may?

When was your divorce final? If it was final prior to 12/31/2012 then you are not permitted to file a joint return at all...no matter what your divorce decree states.

 

[rdtx]

When was your divorce final? If it was final prior to 12/31/2012 then you are not permitted to file a joint return at all...no matter what your divorce decree states.

Final on 12/27/12

The Tax issue is for 2011 though and we were married from 2007 until 2012.

 

[Zigner]

When was your divorce final? If it was final prior to 12/31/2012 then you are not permitted to file a joint return at all...no matter what your divorce decree states.

OP needs to file the 2011 return - you know...the one that should have been filed much earlier in 2012. OP has waited because it was more convenient.

 

[rdtx]

OP needs to file the 2011 return - you know...the one that should have been filed much earlier in 2012. OP has waited because it was more convenient.

I was going to be snarky in return - but never mind - as the Property Laws involving Cash Transaction risk vs. reward in a Community Property State is unable to be comprehended.

 

[Zigner]

...had far more downside during a divorce than squabbling over one year's worth of taxes.

Right...convenience


ETA: From Merriam-Webster:

con·ve·nience
noun \kən-ˈvēn-yən(t)s\
Definition of CONVENIENCE
1
: fitness or suitability for performing an action or fulfilling a requirement

You did things they way you did for the convenience of not squabbling over a year's worth of taxes...

 

[LdiJ]

Final on 12/27/12

The Tax issue is for 2011 though and we were married from 2007 until 2012.

Then you need to get your 2011 tax return filed and you may not file a joint return for 2012. Why did you wait so long to take care of it?

 

[Zigner]

Why did you wait so long to take care of it?

Convenience.

The OP takes offense to this characterization, but it is strictly correct by definition. OP had a goal in mind (to get the house) and didn't file the taxes earlier because it was easier (more convenient) not to.

 

[rdtx]

I was going to be snarky in return - but never mind - as the Property Laws involving Cash Transaction risk vs. reward in a Community Property State is unable to be comprehended.

Right...convenience


ETA: From Merriam-Webster:

con·ve·nience
noun \kən-ˈvēn-yən(t)s\
Definition of CONVENIENCE
1
: fitness or suitability for performing an action or fulfilling a requirement

You did things they way you did for the convenience of not squabbling over a year's worth of taxes...

Hmm - I would say that is on the extreme edge of applicable use - but fair enough.

Personally, I would say it was more in the interest of risk aversion as in:

'The avoidance of a squabble over a year's worth of taxes greatly reduced the risk of a potential equity loss of over $100,000.00'

 

[Zigner]

Hmm - I would say that is on the extreme edge of applicable use - but fair enough.

Personally, I would say it was more in the interest of risk aversion as in:

'The avoidance of a squabble over a year's worth of taxes greatly reduced the risk of a potential equity loss of over $100,000.00'

Actually, it's the first definition in the dictionary