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?

Asked 12 months ago - 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)

  1. Robb Adam Longman

    Pro

    Contributor Level 14

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    Answered . 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... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Kevin Matthew Sayed

    Contributor Level 13

    2

    Lawyers agree

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    Answered . 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... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing debts in a divorce

Responsibility for debts acquired during marriage may fall upon both parties after divorce, even if only one spouse incurred the debt.

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