Legal Question in Family Law in New Mexico

Embezzlement/divorce

If my husband embezzled money while we were married and I declared bankruptcy during the married after I found but that he embezzled-how can the IRS come after me for his debt if I filed bankruptcy? I thought I was protected?

Further, if I get a divorce-will I still be responsible to pay it back to the IRS on his behalf?

Please help.


Asked on 3/15/09, 11:45 am

2 Answers from Attorneys
Deborah Cilento-Foran

Re: Embezzlement/divorce

Check the "innocent spouse" parameters on the IRS website to see if your particular case qualifies.

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Answered on 3/16/09, 10:24 am
George Chandler Chandler Law of Los Alamos

Re: Embezzlement/divorce

Most tax debts are not discharged in bankruptcy, I don't know what the exceptions are. But you may be eligible for innocent spouse relief if you signed a joint return on which he did not list income. Look it up on the IRS.gov website.

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Answered on 3/16/09, 5:42 pm


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