Equitable distribution


#1

In my equitable distribution it is stated that since we owed taxes last year to the federal government that we would both be responsible for half of the payments each. After research and taking tax classes I realized that I was not properly informed about several aspects of the federal return and so I am filing innocent spouse paper work which proves that 5% of the total owed is my responsibility and the other 95% is due to his pay. When Talking with the irs they said that once divided my portion will be under my social and his portion under his social. My question is: will I be held accountability for the 50% as stated in the equitable distribution or will I be able to only pay my rightfully owed portion of 5%?


#2

The IRS ruling will control and prevail over the agreement- though he could sue you individually for breach of the SA, and the court could make a determination of what (if anything) you would have to pay based on the facts.


#3

My ex had our equitable distribution written up through his lawyer and I signed it after my lawyer hesitantly agreed. In the agreement is states that I will receive $7000 from his thrift saving plan and it will roll over to my thrift savings plan. After getting the court order and everything sent off I have been going back and forth because the money was never transfered so I called thrift savings gave them the info and found out he never had a thrift savings plan it was a T rowe account. I have asked for the information so I can open up an account to get it transfered, but now he said he won’t give me that information unless I pay the money that the equitable distribution says I owe the IRS but we are pending an investigation on that matter since I filed innocent spouse. That won’t be decided for a few more months but I continue to pay what I owe each month anyway so I am not in contempt. Two questions: can he withhold that information and if not what can I do to get it - second we have had equitable distribution signed for a year now - is there a time limit on me getting that money and since there is not date for payment to me on other accounts that he still hasn’t paid me for is there a time limit on that as well. i appreciate your time to help me.