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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Just granted divorce but I have to pay half on ex-husbands

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Just granted divorce but I have to pay half on ex-husbands back self employed taxes for years 1989 to 2010 as maritial debt he has not filed on these yet. When he files and I get final amount owed anyway I can bankrupt on this? His gross income is over $200,000.00a year and mine is $32,000.00, he is self employed truck driver.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

Will your ex-husband be filing a joint return?

Customer: No I have already filed my returns I know I'm not responsible to IRS already talked to them but court says I'm to pay half I assume to him there are so many questiins to this especially since we don't know what amounts I'm looking at
cfortunato :

Thank you for your response.

cfortunato :

If you will be owing the money to your ex-husband, you can have this debt discharged if you file a Chapter 13 Bankruptcy.

cfortunato :

The effect of a Chapter 13 is you will have to pay something to your creditors - including your ex-husband - but your will only have to pay what you can reasonably afford.

Customer: so once he comes to me.with final amounts I can bankrupt it? Why chapter 13 what's difference between 13 and 7
cfortunato :

With a Chapter 7, you would pay nothing to your creditors - but this type of debt is not dischargeable in a Chapter 7.

cfortunato :

But yes, you can bankrupt what you owe to your ex-husband if you file a Chapter 13.

cfortunato :

Once you find out the amount owed.

Customer: Even if court papers states "50% of any income tax liability to federal and state government, including interest and penalties, for tax years 1998 to 2010 as may be collected by the taxing agencies regardless of wh ose return from which it arises." That is wording in divorce decree I know it will be awhile before he gets final amount but want to be prepared when it happens
Yes - regardless of the wording on the court papers, any debt that you owe your ex-husband that is not a domestic support obligation (child support or alimony) can be discharged in a Chapter 13 Bankruptcy.
In other words, domestic support obligations cannot be discharged in any Bankruptcy, but other debts owed to an ex-spouse can be discharged in a Chapter 13 Bankruptcy.
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