How To Keep My Refund From Going To My Ex’s Tax Debt?

The most straight-forward way to request Innocent Spouse Relief with the IRS is to file Form 8857. This form will start the process with the IRS. This form contains many traps and elicits answers that might result in the IRS making a determination against the taxpayer, when it should not.

Can the IRS take my refund if my husband owes back taxes?

Unfortunately, yes, the IRS can seize your house or assets, even if your spouse is the one who owes money to the IRS. Whether you’re the one who incurred the tax debt or your partner, the IRS can seize tax refunds, garnish wages, and even seize your house or assets, depending on how much debt is owed.

What is the innocent spouse rule with the IRS?

The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.

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Can my ex get my tax return?

Absolutely. There is a little known trick for obtaining useful information, possibly with a minimum of trouble, once each year. This is the Request for a completed Income and Expense Declaration (Form FL-150) pursuant to Family Code section 3664.

Are you liable for your spouse’s IRS debt?

Amounts Accrued During Marriage – Any debts accrued to the IRS during a marriage in years that both spouses filed joint tax returns are equally owed to the IRS. That is to say, both spouses are liable for those debts.

Can I sue my ex for back taxes?

Are you asking if one spouse or ex-spouse can sue another? If so, the answer is yes. That means that you owe all the tax, your spouse owes all the tax, and together you owe it. But if you end up paying all the tax ans some is your ex-spouse’s responsibility, you can sue her or him.

Does the IRS honor divorce decrees?

If the divorce decree was executed before January 1, 2009, the IRS may accept certain pages of the divorce decree as a substitute for a Form 8332 if the decree unconditionally provides that the noncustodial parent may claim the child as a dependent, the custodial parent signs the decree and the decree otherwise

What is equitable relief IRS?

IRS Equitable relief is the most general type of relief under the innocent spouse rules. This form of innocent spouse relief is the only one that allows you to get relief from an underpayment of tax. It can also apply to an understatement of tax.

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How long does it take to get innocent spouse relief?

How long will the process take? When a Form 8857, Request for Innocent Spouse Relief, is filed with the IRS, it may take up to 6 months before a determination is made. During the processing time, the Service is requesting your tax information and contacting the non-requesting spouse.

Do I have to show my ex wife my tax return?

Your marital status at the end of the year determines how you file your tax return. If you were divorced by midnight on December 31 of the tax year, you will file separately from your former spouse. If not, you will file as a single taxpayer even if you were married for part of the tax year.

What happens when non-custodial parent claims child on taxes?

The non-custodial parent can claim the child as a dependent if the custodial parent agrees not to on their own tax return. However, you must obtain a signed IRS Form 8332 or similar written document from the custodial parent allowing you to do so.

How do I report someone falsely claiming a dependent?

If you found out that you claimed a dependent incorrectly on an IRS accepted tax return, you will need to file a tax amendment or form 1040-X and remove the dependent from your tax return. At any time, contact us here at or call the IRS support line at 1-800-829-1040 and inform them of the situation.

Can I sue my ex for claiming child on taxes?

She is in trouble since she violated the decree. You may want to file your return with the decree attached to cause the IRS to audit both of you. Then you can demand that she sign the Form 8332 as the IRS will request her to do otherwise you will take her to court to enforce the decree and sue her for damages.

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How do I get innocent spouse tax relief?

To seek innocent spouse relief, separation of liability relief, or equitable relief, you should submit to the IRS a completed Form 8857, Request for Innocent Spouse Relief or a written statement containing the same information required on Form 8857, which you sign under penalties of perjury.

What is innocent spouse tax relief?

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return. The IRS will figure the tax you are responsible for after you file Form 8857.

Can you split IRS debt after divorce?

Tax Debt is Treated Like any Other Debt in a Divorce If the divorce settlement or the state laws suggests that property and debt be divided equally among the separating couple, both the parties will also have to share the joint tax debt and must pay their share.

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