Can the IRS take your tax refund if your ex-husband owes delinquint taxes?

Answer 1

I believe it depends on the date your divorce was final, and of course the tax year end that your are referring to. In the next tax year (the first full tax year for you as a single person), the IRS should not be able to attach any refund unless they determined, and you did not protest, you had tax liability from the previous year(s). If you should remarry during the same tax year in which you were divorced, they cannot attach your new husband's income even if you file jointly. If they do, he can file a form (I can't remember the name of it.) which shows that he is not responsible for your tax debts and what percentage of the income you jointly declared is his. If your ex husband incurred these tax debts after you were divorced (i.e. date of divorce and percentage [number of days] of tax year you are liable for) then you are not liable for them. You can always protest any ruling the IRS makes. You need to be prepared with lots of documentation showing dates and monies earned and paid. You can get more information of the IRS site. They answer almost all questions. Don't forget about your state liability. If the IRS' determination is upheld then you may also be responsible for your ex's state tax that you jointly incurred. That would be dependant on the laws of your state. It sounds like you are in a bad spot. I would recommend that you talk to a tax accountant (because they are usually cheaper than attorneys). Hope this helped.