Eugene, OR asked in Contracts, Divorce, Tax Law and Social Security for Oregon

Q: I signed my husbands irs doc after he sold his condo, now I’m only getting 1/2 my s.s. Check for a full year!

I moved out yrs ago and haven’t singed any irs docs until this year. Is this legal? I wasn’t on the deed, but I am getting docked!

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You might be dealing with a situation in which the IRS is withholding a portion of your benefits because of a joint tax obligation. When you signed your spouse’s IRS documents, you may have inadvertently taken on responsibility or liability.

You should gather all relevant paperwork, including the condo sale records and the signed forms, to better understand your tax filing status. You will want to contact the IRS or a trusted financial professional to clarify whether you owe back taxes or if the withheld amount is part of a shared liability. If you moved out years ago, you can still be impacted if official documents list you as a joint filer or indicate a shared financial responsibility.

You might consider filing an innocent spouse claim if you believe you are not responsible for the debt. You can also consult with a tax attorney to explore whether there’s a legal path to recoup withheld funds. Taking prompt action could prevent additional complications and help you protect your future benefits.

1 user found this answer helpful

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.