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I am making monthly IRS payments that are owed by myself and my ex husband

Denver, CO |

He refuses to reimburse me can I sue him?
If I default they will come after both of us

Attorney Answers 3

  1. Best answer

    This depends on what your divorce decree says. If it is covered in the decree, you can file a motion in that case for reimbursement or possibility contempt. If it is not addressed in the decree, you may be able to bring a civil suit for contribution from a joint debtor.

    John H. Barrett

  2. What does your divorce decree say? If your divorce decree says that you are each to pay half of the tax debt then you can use the divorce court to collect what he owes.

    If you don't pay the debt, then IRS will come after you, or him, or both. It's up to the IRS. They will do whatever they believe will be easiest to collect the money.

    Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

  3. Legally, if you and your EX had done a joint return you are(as well as your EX) wholly responsible for the whole amount.... However, the Internal Revenue Code provides for an 'innocent spouse' relief.... Talk to you accountant if you qualify...

    You cannot sue your husband unless your separation/divorce agreement gives you this right... The IRS as you mentioned will go after your Ex too, so I don't see any point in you suing him...

    Good luck!

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