x husband to pay taxes... divorce decree

[csssmom]

What is the name of your state? South Carolina
According to our divorce decree my x is responsible for all debt... including state tax(specified)... he hasn't done that and the state has taken my refund for 2 years... last week I got a notice telling me that they were applying my refund to the balance and that I have 30 days to pay the rest... I have already faxed them a copy of the divorce decree....they said that I signed the tax document... can they garnish my wages or take my things to pay the tax even though the court decreed that my x is to pay them??? I don't know what to do... Also... I did not have an income for the years that the taxes are owed... we did however file(married filing jointly)...

 

[Snipes5]

They are well within their rights to get the money from whichever of you they can find. Most states, as well as the IRS, don't give a fig what the decree says. They only care who signed the return. The Decree will not hold up in tax court. Sorry.

If you want relief, I would drag the ex back to court for not conforming to the decree, or have him arrested.

You might also see if SC has an Innocent Spouse program. For that you will need someone who is an Enrolled Agent and is familiar with SC taxes.

Snipes