QUESTION
Am I legally responsible to pay my ex's tax debt which he included in his bankruptcy?
Asked on Mar 29th, 2014 on Taxation - Michigan
More details to this question:
The ex and I filed joint for tax year 2010. We divorced in 2011. He filed Chapter 13, incorporating the IRS debt. He has been paying on it since, I think, July or August 2011. I am getting notice from the IRS for almost the entire amount that was originally owed, $4500, stating they will keep any refund I may have. Am I legally responsible for this debt if it was part of his bankruptcy contract? Also, when I called IRS they said they couldn't discuss it with me since we are divorced, yet they want my money.
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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When you file a joint return, each of you is responsible for the entire amount of unpaid taxes but as long as your ex-husband is in Chapter 13, the IRS isn't permitted to take any action to collect the debt from you. This is called the "co-debtor stay". Since 2010 taxes are a "priority" debt (meaning a debt that must be paid in full during the Chapter 13), his Chapter 13 should provide for payment to the IRS. ?You need to check the terms of his Chapter 13 plan to verify that the IRS is being paid.
Answered on Apr 01st, 2014 at 6:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They do want your money, and because you filed a joint return you are liable. You will have to collect from him if they intercept.
Answered on Apr 01st, 2014 at 6:44 PM