Would there be a way for me and my former husband share the tax that we owe?
My ex husband and I owe the IRS approximately $40,000, mostly from 401K. We just got divorced and he will ignore the tax issue. I would like to find out a few things, can we negotiate it down and can it be split in half somehow so I can make payments on a portion of it. Would there be a way for me and my former husband share the tax that we owe?
Answered By: CVM Law Group, LLP
Your family law lawyer should have addressed that issue in your divorce. The IRS will proceed against both of you and collect the tax from both of you or from whomever they can collect the tax liability. You should go back to your family law attorney and ask why this issue was not addressed in the divorce proceedings. If you make payments, there is no assurance that you will be able to force your husband to make equal payments unless you can get him to agree.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
If both of you signed the tax return, both of you are joint and severally liable, which means each of you owes the entire amount and the taxing entity can collect it from both of you or just one of you. They don't split it. You should talk to an attorney who does tax resolution to discuss your options.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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