Legal Question in Tax Law in Indiana

tax refund went to exhusband

I was divorced in February 2003; my attorney found that during the course of our marriage there were years where taxes had not been paid. In the divorce decree my exhusband was court ordered to assume all debt, interest and penalty responsiblity for taxes not paid prior to 2001.I filed my 2004 taxes and was entitled to a refund. The IRS informed me that my refund went to pay for taxes owed in 1997. The IRS also said they do not get involved with court orders having to do with divorce and it would be my responsiblity to hire an attorney to sue my exhusband for this money. Is this correct? How do I prevent future refunds from paying his debt.


Asked on 2/25/05, 3:50 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: tax refund went to exhusband

http://www.irs.gov/publications/p971/

The IRS has a procedure for relief for "innocent spouses." The above is the web site for instructions. However, this is the kind of problem your local member of the U.S. Congress would enjoy helping you on, and many, especially Democrats, are very effective. I suppose even the occasional Republican would know how to help someone (I've never heard of it, but I have a good imagination), so give it a try. Call your member's local office. Good luck.

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Answered on 2/26/05, 6:06 pm


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