# Taxes **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [March 29, 2008, 6:11pm UTC](https://forum.rosen.com/t/taxes/5800 "2008-03-29T18:11:40Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [March 29, 2008, 6:11pm UTC](https://forum.rosen.com/t/taxes/5800/1 "2008-03-29T18:11:40Z")
Does your Separation Agreement or Court Order deal with this issue? Is this a tax debt that you have just been assessed with, or is this from taxes for 2007? The general answer is that taxes incurred during the marriage are marital debt, however this can be impacted by any agreement or order that has been put in place. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\ **Post date:** [March 31, 2008, 8:07am UTC](https://forum.rosen.com/t/taxes/5800/2 "2008-03-31T08:07:45Z")
we was audited for the 2003 tax year inwhich we filed joint, recieved a refund which we both spent. I want to know if I pay of the audit amount of $7000 can I sue her for half($3500)? and how long will she have to return payment to me. ---
**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\ **Post date:** [March 31, 2008, 8:10am UTC](https://forum.rosen.com/t/taxes/5800/3 "2008-03-31T08:10:58Z")
Sorry, but to answer your question, there was no agreement the attorneys decided that the Federal IRS will automaticly handle that by witholding our tax returns untill the debt is paid. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [April 1, 2008, 6:15pm UTC](https://forum.rosen.com/t/taxes/5800/4 "2008-04-01T18:15:20Z")
This debt is technically marital debt, however I do not know if you can sue her to recover a portion of this debt without reviewing the terms of your Agreement. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\ **Post date:** [April 2, 2008, 9:50am UTC](https://forum.rosen.com/t/taxes/5800/5 "2008-04-02T09:50:44Z")
This is actually what the order in my Eqyitable Distribution reads:The 2003 Tax debt in the amount of $7’023 for audit of 2003 joint 1040tax return. Defendant(exwife) shall remain jointly and severally liable for the outstanding indebetness to the IRS until the balance is paid. The IRS shall collect the debt as proscribed by the agencies methods and establish practices and determine all issues of apportionment. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [April 7, 2008, 5:47pm UTC](https://forum.rosen.com/t/taxes/5800/6 "2008-04-07T17:47:15Z")
You can file a motion and order to show cause to enforce the court order regarding the taxes. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\ **Post date:** [March 27, 2008, 10:59am UTC](https://forum.rosen.com/t/taxes/5800/7 "2008-03-27T10:59:25Z")
If the ex doesn’t pay her half of the joint taxes that was filed while we was married and I pay the entire $7,000 can I sue her for 50% of that amount? and if she is court ordered to pay will the court put a set time on full payment? And if she doesn’t pay what can happen?