Q: What happens to federal tax owed after divorce, when both filed jointly
After 4 years of marriage, getting divorce, for the last 3 years filed taxes jointly, every year we owed federal tax,
Will both individuals still be responsible, will it be divided or both be responsible till full amount is paid.
Such as future returns being held for both, possibly audited.
A:
If you filed jointly then you are both jointly and severally liable for the debt. They can collect from one or both of you until the debt is paid, including any additional amount due after an audit. It does not matter what the divorce court orders.
There are collection alternatives that may be available to you. If you cannot afford to pay the debt then you should seek the advice of a good tax attorney. Most of us offer a free consultation. It sounds like timing will be crucial for you so make sure you contact someone experienced. Just stay away from the places you see advertised on tv.
A:
Thank you for your question.
I understand your concerns as it relates to taxes. Generally marital tax liabilities will be the joint responsibility of both parties, however, as part of a divorce the parties can agree that someone will assume the liability. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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