QUESTION
Does my fiance still have to pay taxes from when he was married and why?
Asked on Aug 14th, 2015 on Taxation - Michigan
More details to this question:
Back in 2010 my fiance was married, he and his spouse filed their 2010 taxes, late in October 2011.They filed married joint, and the fed says they owe $4,000.00 in taxes, however they divorced and it became final October 2013. His ex refuses to pay anything and is leaving him with all the debt. My tax adviser says that he should not be responsible to pay the entire amount, he should only have to pay half of the amount they owed to the fed. Is this true? If we get married will I have to owe this money too?
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Did the divorce decree address the back taxes? If so, then the divorce decree controls. If the divorce decree doesn't address the back taxes, then both are liable for the full amount. However, the IRS can split the tax liability between divorced spouses. If the liability arose at least in part from her income less her payments, then he would only be responsible for paying his share and she would be responsible for her share. For example, if his wages were $40,000 and $$3,500 was withheld and her wages were $60,000 and $1,000 was withheld. There were no deductions or other income. If their joint tax was $8,000. His responsibility is $3,200 ($8,000 tax times 40%). Since he already paid $3,500 he won't have to pay any more and she'll be responsible for the whole amount (you can't get a refund in this program).
Answered on Aug 17th, 2015 at 1:26 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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He owes $,000, his ex owes $4,000, and together they owe $4,000. The IRS CAN COLLECT IT WHEREVER THEY CAN FIND IT. If in reality, each of them should be paying half, then, if IRS collects all from him, he can try to recover the other half, $2,000, from her, but that won't be the IRS's business.
Answered on Aug 14th, 2015 at 4:22 PM
As between the tax payers & the IRS, both spouses owe the entire amount. In other words, the IRS can collect all from him or all from her or part from each. Whatever the IRS wants to do. If he pays it all, he may well have a claim against her for repayment of ? of the amt. he paid, unless their divorce decree says something else, which it might. By marrying him, you won't become responsible to pay any portion of this obligation, but, if you file a tax return with him and it shows a refund due, the IRS can keep the refund to apply against his debt.
Answered on Aug 14th, 2015 at 2:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Notify your insurer, I hope you have uninsured motorist coverage. You may also wish to call an attorney.
Answered on Aug 14th, 2015 at 2:33 PM