Legal Question in Tax Law in Florida

I was divorced in December of 2010. At that time my tax returns for two years had been applied to back taxes. The total amount of back taxes was around $12,000 and the amount witheld from my refunds was around $9,000 leaving about $3,000 owed to the IRS. To make sure I would not be responsible for any additional it was put in the divorce decree that my ex-spouse would be responsible for paying the remaining amount. Since the IRS does not honor a divorce decree I filed for innocent spouse relief and it was granted. My ex-spouse did not dispute it. I have since received a refund of the nearly $9,000 that was previously withheld. My ex-sopouse now is threatening to sue me if I do not pay this amount to him or the IRS. He is insistant that I have done something illegal by accepting the refund. The exact wording of the decree is as follows: "The parties owe a joint tax liability for 2007 and 2008. Wife paid the bulk of this debt when her 2009 tax refund was intercepted to pay it. By agreement of the parties, Husband shall be responsible for the remainder of the debt owed as of December, 20 2010, and shall indemnify and hold Wife harmless from all liability for that debt." Does he have a case against me? Have I done anything illegal by accepting this refund? (This divorce was granted in IN and I reside in FL.)


Asked on 4/06/12, 2:39 pm

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

How did you obtain the refund? Did you request it or did it just show up? Innocent spouse post marital is usually a separation of the parties' liabilities. When they recalculated your income, obviously you were owed a refund, so I don't believe there is anything illegal about accepting the refund. They should have recalculated his income as well and whatever he owes he owes. I think it is possible that the divorce judgment has been rendered moot by the IRS action and he stood by and didn't contest it. In other words, the three thousand may have increased, gone away or gotten smaller due to the seperation of liability. However, you should consult your divorce lawyer as each state is different and divorce issues are very much in the discretion of the court.

Read more
Answered on 4/07/12, 6:59 am


Related Questions & Answers

More Tax and Taxation Law questions and answers in Florida