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When you file a joint return both spouses are liable for the tax and information on the return. There are exceptions to this if one spouse was not aware of any income that was not reported on the return. Indiana has the relief for spouses by using Form IN-40SP
Here is a link to the Indiana page with the form:http://www.in.gov/dor/4036.htm
I guess my question is am I responsible for any interest and penalties that accrued after our divorce. Neither one of us knew this debt was outstanding so the amount due is alot more than the original. Our divorce decree states that we are each liable for our own debt so I don;t know
if I owe interest and penalties from 2001- present
If you filed jointly and the state can not get the money from him, they will look for you.
You will be liable if you filed a joint return and knew about the reason the state wants more money now. If you did not have knowledge of the income he omitted then you can use the form I sent you before to request to be separated from this liability
Ok. Thanks a bunch. His wages have already been garnisheed for the full amount so I suppose I owe the money to him.
If you choose to pay him
Ok, last question :). Can he drag me to court for thgis money if I choose not to pay him?
Now that is a legal question and totally out of the realm of tax but, I can tell you that the separation of liabiltiy woul dhold up.In other words, if the error was because of something he personally left off the return then you could claim that it was not your debt
Thanks . You have been very helpful!