jlw111973
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Reged: 08/24/11
Posts: 2
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My husband and I only filed jointly one year during our marriage. I was a stay at home mom for most of the time. There is a balance of $650 owed for that year. He, on the other hand never took care of paying taxes during his employment and owes the IRS almost $50,000 in arrearages. The judge ordered me to pay half of his arrearage in our divorce. Obviously I now see what a huge mistake I made by going go court without an attorney. I knew I didnt owe the IRS but had no idea I could be held responsible for his tax debt unless we filed jointly. I have ten days to object to the divorce rulings, has anybody had a similar experience and can advise me of whether or not I have any options? If I can hire an attorney, is there any chance of having the order changed? Im a single mom and cannot afford to pay his debt and btw he owes ME 20,000 in back child support which the judge didnt address at all.
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DedicatedDad
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Reged: 09/05/04
Posts: 1318
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If you were married when the tax arrearages were accruing, it is usually marital debt.
You have to to your local child support division of the court to enforce back child support.
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jlw111973
recently joined
Reged: 08/24/11
Posts: 2
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Thanks for the reply. I'm going to file for a modification of the order and see what happens. And also contempt of court charges for his failure to pay child support. If i am obligated to pay his debt, he is going to pay his child support.
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DedicatedDad
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Reged: 09/05/04
Posts: 1318
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Actually, it's not his debt. It belongs to both of you, and that's why you would owe your portion, and have been ordered to pay it. The reason being, had the taxes been paid, the 2 of you would have had $50K less in spendable income, so the court considers you to both have spent the money. A modification really does nothing if his income hasn't changed. You simply notify your local CSE, and they should initiate contempt charges for the back support.
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