How can I avoid wage garnishment for back taxes and judgments due to divorce when I find a job?

I lost my business due to divorce and have a judgement by my ex who is very litigious which is how I lost my business. I have filed back taxes for the past 5 years personally and for the business and owe a significant amount but have no means to pay. I have half custody of our minor child and want to maintain that so I don't lose her. I am looking for a job but want to avoid garnishment if possible. Is it better to file bankruptcy?

Northridge, CA -

Attorney Answers (2)

Henry Daniel Lively

Henry Daniel Lively

Tax Lawyer - Costa Mesa, CA

Garnishment is enforced collection. Stay out of this process by entering into a payment arrrangement, Offer in Compromise, or being put on uncollectable status. These are viable options that you need to explore ASAP. Consult with a tax professional to see what will work best for you. If you would like we offer a free consultation to review your matter and make suggestions.

H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization dlively@... more
Andrew B Gordon

Andrew B Gordon

Tax Lawyer - Lake Zurich, IL

As Mr. Lively mentioned the way to avoid garnishment is to enter into an agreement with the IRS. It is best to retain counsel such as a tax attorney or CPA to help you negotiate a resolution with the IRS. In these cases it is best to be proactive rather than to wait for the IRS to begin collection action.

Good luck!

Andrew B. Gordon

Andrew B Gordon is a CPA and attorney licensed to practice law in Illinois. The information provided here is for... more

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