Good morning,
My ex and I sold our home and the money from the sale is in trust until the judge settles our ED. We currently have IRS tax debt that I solely am paying so they don’t garnish my wages. However, the debt comes from my ex self-employment since we filed together during that time, I’m tied into the debt. IRS won’t approve my request to relinquish me from the debt. Could I request the judge to order his portion of the house sale to go directly to IRS since he hasn’t paid anything towards the debt or even filed and paid taxes for the last few years?
Should we bring to light his years of non-filed taxes once we get into court handling ED, business ED and alimony?
Yes, you can request that his portion of the house sale proceeds be use do to pay the taxes owed and present evidence that he didn’t file taxes, especially if it intentionally or purposely didn’t file tax returns.
However, based on the information you’ve provided, it is likely that the judge will consider the taxes owed to be a marital debt and could order them to be paid in full and then the house proceeds divided in half.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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