Byron Center, MI asked in Divorce and Tax Law for Michigan

Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.

Filed MFJ 4/2018 per decree. I have my taxes taken out of my payck. He is self employed and owner of business and doesn't have them come out. We owed State and city taxes which were paid. Now he is saying we owe more and because we were married when they were incurred I should be responsible too. I don't think I am because if he had taken taxes out, it wouldn't be an issue? It's related to the business - right? Am i responsible? What are my options? Thanks

Related Topics:
2 Lawyer Answers
Neil Colman
Neil Colman
  • Clinton Township, MI
  • Licensed in Michigan

A: What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.

Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: When you file married filing jointly as far as the IRS is concerned you are both liable. Even if you have a divorce decree that says differntly the IRS does not have to abide by the divorce agreement.

You may be eligible for innocent spouse relief, however, this can be difficult to get approved. Your best bet is to speak with a tax attorney. Most of us offer a free consultation and can give you an idea of how successful an innocent spouse request might be or what other options you may have available to you. Stay away from the places you see advertised on TV.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.