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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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Once a divorce is granted and both parties are in a repayment

Resolved Question:

Once a divorce is granted and both parties are in a repayment plan for back taxes owed. Can the court decide if all back taxes should go to just one, freeing the other from the obligation? I have been giving the task to repay all taxes for several years now that our divorce is final. Should she still not have some of that burdon?
Submitted: 4 years ago.
Category: Tax
Expert:  Lev replied 4 years ago.
Hi and welcome to Just Answer!
Yes - the court may decide that only one ex-spouse is responsible for all back taxes.
However generally the court may not direct the IRS to remove all obligations from another ex-spouse and the IRS still will held both spouses responsible,

If the court directs one ex-spouse to pay all back taxes - and that ex-spouse would not fulfill his/her obligations - the other spouse may bring him/her back to the court and held responsible for all damages.

Let me know if you need any clarification.
Customer: replied 4 years ago.

What happens if she gets a tax refund? Does she get the money or does it go against the back taxes?

Expert:  Lev replied 4 years ago.
If there is a tax debt based on jointly filled tax return - the tax refund generally will be garnished fro both ex-spouses.
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