What to do if my ex-husband and I have a state tax lien filed against us fom 6 years ago?

UPDATED: Jan 4, 2013

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What to do if my ex-husband and I have a state tax lien filed against us fom 6 years ago?

I worked for 3 months and he claimed married and 9 which caused us to owe quite a bit of money. He refused to let me pay it and so it never got paid. I do not know what to do about this I feel even though my name is on the return along with his I shouldn’t be held responsible because I didn’t work but 3 months and him claiming married and 9 is what caused the tax debt to begin with.

Asked on January 4, 2013 under Family Law, Arkansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek help from a tax attorney who understand the IRS provision for a spousal claim in this type of matter.  The law has recently changed. There are three types of relief: (1) Innocent Spouse Relief: By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse did something wrong on your tax return . (2) Relief by Separation of Liability: Under this type of relief, you allocate (divide) the understatement of tax (plus interest and penalties) on your joint return between you and your spouse (or former spouse). (3) Equitable Relief: If you do not qualify for innocent spouse relief or separation of liability, you may still be relieved of responsibility for tax, interest, and penalties through equitable relief. The facts will determine. Good luck.

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