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My divorce decree allowed my ex wife to claim 1/2 of the estimated tax I paid
for 2017. She did not claim 1/3 the income. I had to claim all the income. Now I
am short 1/2 the taxes owed and am subject to penalty and fine. How can this be?
I made 4 payments but he divorce decree allowed her to claim 1/2 tax paid but
not any income.
Asked on April 27, 2018 under Family Law, Texas
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You need to take your decree to a divorce attorney to review for more specific answers....but generally, a divorce decree cannot mandate rights or responsibilities for federal income tax issues because state district courts do not have jurisdiction over federal matters. Generally, a state district court can only include such matters if the parties consent to the entry of these orders. If the order is a bad order and you did not consent to it, you may be able to get certain portions of the decree declared void.