My divorce decree states we are to divide the 2008 taxes we owed 50/50. I began an Offer in Compromise when we first separated although it did not became final until after the divorce. I paid the offer in one lump sum so the tax lien on our home would be released so I could sell it before it foreclosed. The offer was accepted but it was to late the house was foreclosed. The IRS has now gone after him for the full amount of the 2008 taxes. He has obtained an attorney and they are coming after me for half. Can he do that even though I did my part by contacting the IRS and getting an offer? He could have done the same however he evaded them until they started garnishing his wages. He new they were trying to contact him. What should I do?
Criminal Defense Attorney
It seems to me that if the court ordered you to pay half of the 2008 tax year taxes, you have not fully complied with that order by paying less than half. While the IRS may be satisfied with your payment, the divorce court will probably see it differently. You certainly deserve credit towards that half by what you paid. You need to bring this up with your divorce attorney and figure out how much more you half to pay to the IRS.
5 lawyers agree
Unfortunately, divorce agreements and IRS agreements are independent of each other. You agreed in the divorce to pay 50%. I agree with the prior attorney that you should be credited the amount you paid for your Offer.
If you cannot afford to consult with your divorce attorney, you may want to contact legal aid to see if you qualify for assistance. Your prior attorney may be able to tell you if you have a legal basis to fight this for a minimal fee so you may want to check with them first.
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