Tax Audit

Yes. That would be considered a marital debt that is jointly owed. Both your names are on the tax records, both of you signed the tax forms. You could try talking to the IRS to see if they would garnish her current tax refunds for the remaining amount but I’m not sure how they can work that out.

Same thing happened to me and guess what? The IRS doesn’t give a crap. They will pursue whoever files taxes first and garnish wages of the person who makes more money. I found that out the hard way. I had a separation agreement that says my ex was to pay half, but I have never seen a dime of it. If you two are already divorced, then you would have to take her to something like small claims court where a ruling isn’t even really a ruling. If she doesn’t pay, it just looks bad on her credit.Good luck!


Greetings. Maybe. If you have a court order splitting debt, etc. Otherwise, you may just want to pay half and see if they will go after her for the other half. My understanding is that if you file jointly you are both jointly and severally liable for any and all debts. Check with your CPA and a tax attorney. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Me and EX got audited for 2003 for over $6000 (we filed joint)and she refuses to pay half am I able to take her to court and get a order for her to pay half?