Q: Which comes first? Back taxes owed or support arrears?
I reside in NY and my ex-spouse resides in CT. He owes back IRS taxes for the year 2015 in the amount of 26k and the divorce decree holds me harmless from any tax liabilities owed. 2015 was filed married filing jointly and he filed all taxes and did all finances. He is also 8k in arrears for spousal support. Which takes priority and gets paid first? Support arrears or IRS tax liabilities?
A: The IRS will keep his refund for the back taxes until they are paid. Also, just because your divorce decree holds you harmless for the tax liability does not mean that the IRS will not try to collect the taxes from you. If you have not already applied for innocent spouse relief (or other relief to separate yourself from his tax liability), then you will want to do that right away before the IRS attempts to collect from you.
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