How do I split a jointly filed tax debt so as to avoid collection but not have to take on full responsibility of the debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I split a jointly filed tax debt so as to avoid collection but not have to take on full responsibility of the debt?
We are legally seperated but not divorced.
Asked on September 27, 2010 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When you say that you are legally separated do you mean that you have a separation agreement that is in place or that the separation was ordered in court proceeding? Certain states allow both and how this was done to begin with may govern how you should proceed here. If you and your spouse signed an legal separation agreement which also distributed your assets then you should consider having an amended agreement prepared to incorporate this new debt and split it 50/50. Be aware that the IRS does not care about your agreement. You are both jointly and severally liable for it. It just gives you an avenue to sue your spouse. If the separation was done by a judge then you may have to go back to court. Either way seeking legal help in your area is a good idea. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.