You need to talk to a tax attorney and see if you can get “innocent spouse” status with the IRS. Otherwise, they can come after you for the debt. Been there, done that honey. Sounds to me like your spouse is trying to pull a fast one. (By the way, the IRS is a much more citizen friendly organization than it has ever been before…it used to make me sick on my stomach to have to call them because I thought they were going to take everything including my first born. They are much more helpful than they were in years past.)
Go to this website to read about innocent spouse relief:
By the way, check with your local county courthouse and see if an IRS lien exists on your house/real property.
Yes, there is a valid IRS tax lien on the property, as well as a garnishment on my wages for the past couple of years. He entered into this payment agreement a month ago; however, as of yet, the garnishment has not been removed from my wages. The equity in the house and the tax debt would probably a wash as far as the amount of each.
Greetings. I can only advise you to speak with a tax attorney. If you need a referral, please call me directly. I generally refer to Steve Glass and I can give you his contact information if you call me on my direct line or e-mail me. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.
My soon-to-be ex has amassed a $75,000 IRS tax debt from unpaid taxes when he owned his own business. Because of the type of incorporation he had, this fell to our personal taxes. He is offering to take on this entire expense himself in exchange for my giving up my portion of the equity in our house (which he threw me out of). He has entered into a monthly payment agreement with the IRS. My question: what if he doesn’t make the required monthly payments (past history says he might not). Can the IRS still garnish my wages (they’ve already done this in the past)? What recourse do I have? This is such a mess.