Legal Question in Tax Law in Texas

I've been divorced for almost 5 years. My ex was making payments to the IRS for the past 4 1/2 years and suddenly stopped. Divorce decree states that if I wasn't given timely notice that it indemnifies me from responsibility. The IRS wants me to pay unless the divorce decree says I'm not responsible. If it says I will be indemnified if not notified by my ex in a timely manner, including tax liabilities, should I have to pay the IRS?

Asked on 6/27/11, 2:02 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

"Indemnification" means that after the IRS squeezes the money out of you, you can sue your ex. It isn't a shield from liability.

The IRS wasn't a party to your divorce, and nothing in the decree can prevent them from collecting taxes from any party who owes them. Their rights aren't affected by the decree.

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Answered on 6/28/11, 6:12 am

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