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Divorce Decree says I owe half of IRS debt but IRS has now granted me Innocent Spouse Relief. Can Ex take me back to court?

Fort Wayne, IN |

Divorce was final about 3 month ago. IRS decision was made last month. I need to know if I can keep the refund or still have to pay him half of the debt. Can he take me back to court and have the Judge redo the Decree since Indiana is a 50/50 State?

Attorney Answers 3

Posted

Although the IRS has released you from the debt, you are still liable based upon the contract between you and your ex. If you want that to change the agreement needs to be amended.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney

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Asker

Posted

Am I able to do a Modification or Amendment without an Attorney? The Attorney I used was Pro-Bono through a Volunteer Lawyer Program and has since withdrawn from this case. I would also like to know if the Decree will completely be recalculated to show my portion of 50% liability that Indiana requires in divorce. If so, I may as well hand my relief check over to him anyway.

Robb Adam Longman

Robb Adam Longman

Posted

You may need an attorney. I am not familiar with Indiana law, so I would consult someone there regarding this.

Asker

Posted

Thank you Mr. Longman

Posted

I believe Mr. Longman is correct. The fact that you were granted innocent-spouse relief bodes well for why you should not be responsible!

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.

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Posted

You will need to get the contract for the divorce decree modified as both attorneys previously commenting astutely pointed out. The IRS has released you from liability, but that should not affect the terms of the divorce contract you entered into without judicial modification. Good luck.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Am I able to do a Modification without an Attorney? The Attorney I used was Pro-Bono through a Volunteer Lawyer Program and has since withdrawn from this case. I would also like to know if the Decree will completely be recalculated to show my portion of 50% liability that Indiana requires in divorce. If so, I may as well hand my relief check over to him anyway.

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