QUESTION
Can the local court make me liable for the back taxes the IRS is now after her for?
Asked on Apr 13th, 2013 on Divorce - California
More details to this question:
I have been separated for two years and filed bankruptcy which discharged $60,000 in credit card debit and my share of back taxes for 2007-2009, the last year we filed jointly. We are now divorcing.
6 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The short answer is Yes. The longer answer is that a lot of considerations go into a property division, whether the court is asked to approve on the two of you agree to, or if the court has to make the division itself. You would benefit from hiring an experienced family lawyer.
Answered on Apr 16th, 2013 at 9:06 PM
Litigation Attorney serving Norwich, CT
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Scott McGowan Law Office
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The simple answer is yes. The court could order you to pay a portion of her debt. In other words you wouldn't be paying the IRS, you would be paying her so SHE could pay off her debt to the IRS. However, this is a complex question needing more inquiry to properly answer.
Answered on Apr 16th, 2013 at 8:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, how did you get the court to get rid of you back taxes? I thought those survived. Second, the court may make you liable for the taxes. Get a good attorney and fight it.
Answered on Apr 16th, 2013 at 8:47 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You should contact your lawyer in the bankruptcy case and ask if you have truly been cleared of all liability for the taxes. Tax liability is governed by federal law and the divorce courts cannot control the liability for income taxes I suggest you hire a lawyer.
Answered on Apr 16th, 2013 at 8:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possible, I hope you have an attorney.
Answered on Apr 16th, 2013 at 8:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It depends whether there is a hold harmless clause. If it's been discharged in federal court (bankruptcy) argue that it's been ruled on and the state court does not have any power to make an order now federal's ordered. State court could order you to reimburse her monies or give her assets to make up for it.
Answered on Apr 16th, 2013 at 8:24 PM