I am recently divorced, my ex-husband didn't pay his 2005 taxes and he filed seperate that year. But in 2006 we filed together and he owed money both years and I owed some for an ealier turn in of a 401K. The question is the money owed is being taken out of my checking account, I have a court oreder for an amount that he owes and one for myself. So who do I send this information to, so I can get relief of his debt. I have called IRS and they said I could filed an innocent spouse report, and another rep from the IRS said I only need a court order (which I have). I have gotten two different addresses one in Kentucky and one in MA. I am a single mother and can't afford to continue to pay for the both of us. And what about this years taxes I will be getting about $3000.00 back in returns will I get this or does it get applied to the old debt? I wish it to be applied to my debt only. If you are unable to ask this question who do I turn to the IRS isn't that helpful they all have different answers for me. I really need to get this resolved so I can sleep and move on. I also had to file bankruptcy as well because the house and my husbands truck and credit cards were all in my name, I guess I have been blind sided by the ex.
1 Answer from Attorneys
Re: Tax relief
If you filed a joint return, the IRS does not care what a court order says. They will collect the money from either or both of you until it is paid in full. They will keep your refund. You may be eligible for Innocent Spouse Relief. You may also be able to file an Offer in Compromise depending on your current financial situation. At the very least, you should be able to get the wage levy released based on financial hardship. As you can see, the problem is getting any advice from the IRS. You need a qualified tax professional. He does not have to be local to you, but be careful of those national tax services. You want to be able to speak to the attorney who is handling your case, not a salesperson. Call me if you need help. Steve Klitzner