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IRS says I owe money after a divorce

Asked about 3 years ago - Wichita, KS

I am disabled since 1995. I married briefly in 2006, only six months. The divorce settlemment was she could claim me on her taxes, I got 50% of the refund if any was owed she would have to pay the amount. She filed the taxes and did not claim all the income. We got a small refund at first and now the IRS says we owe $2312.64 because she did not claim all income. IRS says the divocree decree can be used in a civil suit not against the iRS we BOTH owe it, I am disabled and she lives around 300 miles away in a different sity, same state.
How do I resolve this with the IRS< I don't have the money, how do I sue her?

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Thuong-Tri Nguyen

Reputation Level 20

Answered about 3 years ago. Family Law Attorney in Renton, WA.

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The danger of filing a joint income tax return with another person is that both persons are equally liable for any deficiencies as far as the IRS is concerned. Unless you can convince the IRS that you knew nothing or could not have known anything about your former spouse's incomes, you likely will not be getting any relief from the IRS.

If there is a court order that the former spouse pays the IRS, you may be able to bring a motion with the issuing court to enforce the order.

You can review with an attorney to see whether you have any basis to dispute taxes with the IRS and what claims you may have against the former spouse. If you live in or near a big city, there may be groups that offer no or low cost legal help. The groups may be associated with a local law school or bar association.

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