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originallawyer, Family Law Attorney
Category: Family Law
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Experience:  7+ years of experience in divorce, custody battles and mediation.
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In the state of Indiana does the spouse have to pay half of

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In the state of Indiana does the spouse have to pay half of the over due taxes in a legal devoice , even if both file separately living in the same house whole
The IRS determines who pays taxes but the final divorce decree can also modify who pays what tax burden. So the IRS may see that only the person who has filed separately AND incurred overdue taxes has to pay it back, but the Judge can order the other spouse to give the owing spouse money.

There is not a specific law that states that IRS debts must be paid half and half. Rather this is part of the distribution of debt and may be done so in whatever manner the Judge deems fair. If both parties have been filing separately, and the overdue taxes are related to one party only, there is a good change that perhaps the Judge will just require the owing party to make payment. However, it would be within the Judge's discretion to order both parties to pay on the IRS debt.
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