Legal Question in Tax Law in Massachusetts

Now Divorced. Missing alimony (by my ex) 3 years ago.

I got a letter from IRS regarding a joint tax return I filed in 2005 with my (then) spouse. The IRS letter claims that there is an alimony payment (from my ex's previous marriage) missing and now that they have adjusted the return, there is a balance of $1.5K+ that needs to be paid.

1. Why did I get this at my new address? I am divorced and live in another state now (than my ex). Did she get this form as well? It is addressed to Mr. and Mrs X Y but with my new address that I used with my 2008 return. (I do not have any contact info or address for her at this point).

2. This was a short marriage that ended in a nasty divorce. Am I responsible if she misrepresented her alimony (she told me she was only getting a child support) on our joint tax returns? What happens if she does not pay? (In our short marriage, we had kept our finances separate and paid our portion of the taxes)

What should I do? Should I call the IRS agent and explain the issue and that I do not know where she lives now. Should I forward this letter/package to her previous address, hoping that she has mail forwarding. What should I do? Thank you in advance.


Asked on 6/06/08, 1:38 pm

1 Answer from Attorneys

Re: Now Divorced. Missing alimony (by my ex) 3 years ago.

First read your separation agreement or divorce judgment.

Second, assuming it says she is to hold you harmless, write her and tell her it is her responsibility to the pay the IRS.

You may want your divorce attorney to handle it for you.

third, you can write the IRS and send them a copy of the divorce and ask that they seek the funds from her before seeking you out as you are an innocent spouse. However, you filed a joint return and as such the IRS may come after you for the $1,500.00. If they do and assuming the separation agreement says she is responsible for her tax obligations, then you can file a contempt complaint with the divorce court.

Good Luck.

Read more
Answered on 6/06/08, 3:33 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in Massachusetts