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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14005
Experience:  15years with H & R Block. Divisional leader, Instructor
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My ex-husband informed me that his wages were garnisheed by

Resolved Question:

My ex-husband informed me that his wages were garnisheed by a collection agency for Indiana state taxes that were for 1997. With interest and penalties the cost is over $700. I believe this is incorrect but I no longer have that year's tax information. Our divorce was final in 2001. What is my liability in this matter?
Submitted: 6 years ago.
Category: Tax
Expert:  Robin D. replied 6 years ago.

Robin D :

Hello and thank you for using Just Answer

Robin D :

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

Robin D :

Here is a link to the Indiana page with the form:
http://www.in.gov/dor/4036.htm

JACUSTOMER-re6v1y3e- :

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

JACUSTOMER-re6v1y3e- :

;

JACUSTOMER-re6v1y3e- :

if I owe interest and penalties from 2001- present

Robin D :

If you filed jointly and the state can not get the money from him, they will look for you.

Robin D :

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

JACUSTOMER-re6v1y3e- :

Ok. Thanks a bunch. His wages have already been garnisheed for the full amount so I suppose I owe the money to him.

Robin D :

If you choose to pay him

JACUSTOMER-re6v1y3e- :

Ok, last question :). Can he drag me to court for thgis money if I choose not to pay him?

Robin D :

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

JACUSTOMER-re6v1y3e- :

Thanks . You have been very helpful!

Robin D :

Thank you

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