We have been divorced for over a year now. Is she responsible for half of the credit repayment + half of the interest and penalties?
A: If you were married when you received the credit, and you are now divorced, and your divorce judgment divided your liabilities such that you both were liable for the taxes
on the 2008 tax return, then you could use that judgment as grounds to recover one half of your additional taxes from your ex. Unfortunately, you would likely have to sue your ex to recover, and if one half the amount of the added tax is more than the Ohio small claims court $3,000 maximum, then you would either have to settle for the $3,000, or hire a lawyer to enforce your rights under the judgment.
It's possible that the family court would enforce the added tax against your ex, but it would depend heavily on exactly how the divorce judgment is written concerning any tax liabilities
. There's no way that I can evaluate this issue here -- if you need a definitive evaluation of the judgment, you would have to seek local
legal counsel.See this link for Ohio small claims court info. See this link for a family law attorney referral.
This was an honest mistake and misunderstanding. Is there any way they would consider lifting the $1500 penalty fee if I would pay my share immediately + the interest?
A: You can file a form 8857 and request innocent spouse relief, in an attempt to separate your tax liability without court action. If the IRS accepts, then you only owe half the amount, and it's likely that the IRS will also waive any penalties and interest.
Here is the link to form
Hope this helps.
NOTICE: My goal here is to educate others about the law. I am always available to answering your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.