Am I stuck paying the complete IRS tax debt if my ex doesn't want to pay any part of it?

My ex husband and I received notice after divorce from the IRS that we owed money (left a 401k cash out off the tax return for return from 2 years prior). I called the IRS as soon as I recd the notice and after talking to 3 different people there was told basically we are both liable but they will get the money from either one they can and not as a 50/50. I'm not disputing we owe it- I simply want it to be fair and have him pay half too. I was told my tax refunds would be held until the amount was paid if I didn't set up a repayment plan. I asked my ex to pay half with me as the repayment plan. His answer- no. This was about 6 months ago. Yesterday, I received notice from my HR department at work that starting with next week's check, they will be garnishing $186/biweekly paycheck to pay off the $3155 IRS debt. I asked my ex again last night to please be fair And pay half- by giving me half of the money that will be garnished. He said no. Is there anything at all I can do?? The IRS has only come after me for this. I know we are both liable. But I don't underatand why just me?? He works too and has had the same job since 2007 (he is paid by a payroll company- not cash). The letter even came to me with his current address on it- not the same place we lived when married. So it's not like they don't know where to "find him."

4 Answers

  • S
    Lv 7
    5 years ago
    Best Answer

    The Internal Revenue Service (IRS) latched on to your Social Security Number (SSN) for payment of the tax amount because you contacted them when the notice letter arrived. Sorry you were not able to get the IRS to offer you a consideration, and reduce the total tax amount stated in the letter. Now that the IRS has begun to garnish (levy) your wages, you still can contact the IRS to establish a payment plan, citing the levey as creating an immediate economic hardship. Even ask the IRS for a consideration on the overall debt amount, something they might have granted before the levy and may still support. Any consideration the IRS might offer will involve the penalties and interest, but not the actual tax amount due. Even if the IRS will not reduce the total amount due, negotiating a smaller payment amount and getting the levy released would be an improvement.

    Suggest focusing on getting the wage levy released by the IRS first, and then determining the best legal course to recover funds from your ex-husband. Contact your divorce attorney for advice and help in this matter.

  • Jack
    Lv 6
    5 years ago

    The answer to your question (as you already know) is "yes". You will have to pay the whole debt to the IRS.

    Your only remedy at this stage is to sue your ex for his share of the taxes due.

  • Anonymous
    5 years ago

    You are BOTH liable , talk to an IRS specialist or attorney ... your question doesn't make a lot of sense, why they would just go after one doesn't seem like something they would do .

    • Crystal5 years agoReport

      I did a little online research before posting my question and I saw where it said they just go for the easiest one to get. I don't know why it was any "easier" to get to me

  • Pat
    Lv 7
    5 years ago

    Look at IRS website for injured/innocent spouse info.

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