Legal Question in Family Law in Massachusetts

Tax Obligations

Divorce agreement said my ex was to file taxes jointly for five years since he claimed to have filed and never did. I filed for the first time this year and am not only losing over $4000 refund but I am being made to pay past taxes as he still claims to have filed but the IRS claims otherwise. Do I go back to court...I still owe 18,000 to an attorney who closed my case and this is where I am...having to pay withholding taxes from 1997 and 2000-2005. I was advised that I have to file for all years and I have to file ''itemized'' as that is how he files. He would never give me the paper work I need and I don't know where to begin. Do I start by filing a motion in court and ask the judge to force him to turn over the paper work? During the divorce he gave my attorney unsigned tax documents (which I pointed out to the attorney) and as I am sure you know the IRS isn't interested in unsigned documents. Twenty years of marriage and I get child support that he pays in cash only or bounces a check in my account...he has started up a new business which I should have had 50% of but my attorney did not see it. Now I live week to week and cannot afford legal fees. Is there anything you can suggest?


Asked on 6/29/07, 9:37 pm

1 Answer from Attorneys

Re: Tax Obligations

I suggest you look at your divorce agreement, does it provide your ex is to pay the taxes and hold you harmless?

If so, you can file a contempt complaint against him.

If it does not and you need to file separately; then file a Complaint for Modificaton and seek court permission to file separately and void his joint filing. Then file your own taxes based on the information you have and use an accountant to assist you.

In either complaint you can ask the court to order your ex to give you the financial information you need and to pay the IRS and reimburse you.

If you have more questions, please feel free to contact me without obligation.

Read more
Answered on 6/30/07, 2:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts