I was married in 2007, separated in 2010, dissolution of marriage finalized in 2013. My ex with held information about extremely large tax debt in dissolution of marriage. Just now finding all of this out; my tax return was taken this year to put towards debt because it was jointly filed in 2008. I had no idea or did I ever receive a bill because in 2011 he filed paperwork of financial hardship so it would not go into collections. Is this fraud? Do I have any legal rights? Is the dissolution void now because he lied? Do i need tax, divorce or criminal attorney?
3 Answers from Attorneys
You should consult with a tax attorney and a family law attorney.
Mr. Johnson is exactly right. You need a divorce attorney first and foremost. Many divorce attorneys will know the tax aspects of this situation and be able to deal with that for you as well. If not they will know a tax attorney to consult.
Essentially. if this liability was not dealt with in your marital judgment, it can be treated as an omitted liability. More information is needed about the disclosures that were provided by each party to one another to determine if husband disclosed this liability and/or if the tax liability was divided. Please meet with an experienced family law attorney to explore your legal options.