Legal Question in Family Law in Georgia

I divorced in 2005. We had two houses in our names, one house was awarded to me the other to my ex. Both our names are still on mortgages due to not being able to refinance due to it looking like I have more going out than coming in. He has tried as well.

I recently received a letter from IRS stating I owed them for filing to much interest on my taxes. I found out that my ex has filed both the house he was awarded, and my house on his taxes in 2007. Since this letter I found out he has filed my house in 2006,2007, and 2008. Which is a big mess. I am going to take him to court for this, to recoup the money I had to pay the IRS. My question is, can I get punitive damages for his wrongful filing of my house that I pay mortgage and interest on. He knowingly did this with disregard for how this would affect me. He told me I would have to eat it.

Also, after I paid the IRS they have sent the same letter to me, sent the check back to me in error, which I had to void and return, now they are wanting more in interest. This has been going on for over 6 mths.Dealing with the IRS is so frustrating because one hand doesnt know what the other is doing. I see problems for years to come.

Thank you for any information you can give me.


Asked on 7/31/10, 6:02 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You've screwed up badly. Why would you have paid the IRS instead of hiring a tax attorney? It may be too late to fix now, but hire a good tax attorney immediately and stop doing things yourself. It is possible that you have ruined your case in dealing direct with the IRS. Stop and get proper counsel.

Your focus is wrong on going after him. Get things fixed with the IRS and they can go after him.

In saying this I am assuming you had a lawyer in your divorce who properly drafted paperwork so that you can fix this now.

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Answered on 8/05/10, 6:12 pm
Ralph Villani VILLANI LAW FIRM

What did the final decree say - did it allow him to do this?

If not, why did you pay IRS -- Glen is correct - you are not a lawyer and to save a few hundred dollars you may have cost yourself thousands and waived the right to go after your husband for reimbursement - HIRE A LAWYER ASAP find a good tax lawyer/cpa to fight IRS - it may be too late

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Answered on 8/06/10, 8:19 am


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