Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I recently (as of Friday) found out that my husband was diverting

Customer Question
funds to a separate account...
I recently (as of Friday) found out that my husband was diverting funds to a separate account for the past year and a half. He used this money for illegal gambling that I was unaware of. He neglected to pay the IRS the tax payment that was due at the end of January. I did not know he was gambling and am in shock at the amount that he has diverted and lost. I am a stay at home mom, and am unsure what to do next. What are my obligations legally to his debt, do I have any options to protect myself financially?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
3/1/2011
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,493
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
At this point you need to get a tax attorney and you will have to file an innocent spouse form with the IRS (Form 8857) disclaiming and proving no knowledge regarding the tax matters. You are eligible for relief if you filed a joint return on which there was an understatement of tax due to an erroneous item relating to your spouse; if you didn't know, and had no reason to know, about the understatement when you signed the return; if looking at all the facts and circumstances, it would be unfair to make you pay the tax, and; if you apply for relief under this provision within two years after the IRS begins trying to collect the tax from you.

If you meet all these requirements, then you don't have to pay the portion of tax that relates to this erroneous item.

This is available while still married. Innocent spouse relief may be available even if you're still married to, and living with, the spouse who should have reported additional tax. If you have assets of your own and want to protect them from collection by the IRS, these rules determine whether you can be held liable.

Lack of knowledge is the biggest factor here. If you only knew (or had reason to know) about part of the understatement of tax, you're only stuck for that part. If you had reason to believe your spouse was cheating to the extent of a few hundred dollars and it turned out to be many thousands, you should only have to pay the smaller amount. Thus, now you have knowledge you must report this to the IRS. However, since this just occurred you may indeed remain held liable still.

You need to sit with a local tax attorney immediately to discuss your options, such as filing separate tax returns immediately.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

 

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,493
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
I did indeed know about the amount owed to the IRS, however I believed that this amount was going to be paid in January. My husband relayed to me that he was "short" the portion that we owed and was going to file an extension. What came to my attention this week was the fact that he was gambling and spent this amount and far over this amount. He his this money in an an account I was unaware of and had no knowledge of. We did in fact file jointly (however I am a stay at home mom). I did sign the tax return. He has contacted a tax attorney and I specifically asked the question regarding innocent spouse relief. My husband has stated that the attorney said that this would not work in our case. I am just trying to verify that this information is correct, clearly taking his statements at face value isn't wise.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
At this point then you are going to have some problems because you will be jointly liable with him for this money, regardless of why he did not pay and you are going to have to work with the tax attorney to negotiate a payment plan. But, based on my response above and the new information you provided in reply, it sounds like the tax attorney is advising you correctly and you need to personally talk to the tax attorney as well and not take what your husband tells you at face value for right now regarding this matter.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,493
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
One last question. For the 2010 tax year, can I not sign these returns since I had no idea he was taking distributions? Would I not be liable for that year? How can I be liable if he is the one not paying taxes and spending huge amounts of money on gambling that I wasn't even aware of? I think I may be sick.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You should not sign those declarations if you do not know them to be correct because if you sign them you would be liable and then would have to prove no knowledge, but you do have knowledge as you said above. You are liable because the taxes are a joint filing and as a married couple you file taxes jointly. This is why you need to personally talk to the tax attorney.
Ask Your Own Family Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 119,493
119,493 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have filed an uncontested divorce with the court divorcing
I have filed an uncontested divorce with the court divorcing my husband. He has signed the decree and has chosen not to appear in court. Before stepping in front of a judge, I would like to change the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I asked my husband of 28 years for a divorce we are
I asked my husband of 28 years for a divorce we are separated ( not legally ). A year ago I found out he had a gambling addiction and we worked hard to get our debt under control but it's still an iss… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I have been on Mirapex (Prampexole) for the past ten years.
I have been on Mirapex (Prampexole) for the past ten years. I am really scared now as I have been gambling about a year into take the drug. I have ruined my credit, cannot pay my bills, think about ga… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,493 satisfied customers
How can Iegally get a restraining order on my husband before
How can Iegally get a restraining order on my husband before I can get to a lawyer for a divorce … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I am going through a divorce in Arizona... My wife
Hi,I am going through a divorce in Arizona... My wife accumulated $35,00.00 in credit cards bills, without my knowledge or participation of any kind. The cards were in her name only. Would the debt th… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I am appealing my divorce decree with my present attorney my
I am appealing my divorce decree with my present attorney my 1st issue is that my decree says my ex needs to find employment in the field she was trained in or something with in a year. Well the judge… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,493 satisfied customers
Second opinion] I am appealing my divorce decree with my
Second opinion] I am appealing my divorce decree with my present attorney my 1st issue is that my decree says my ex needs to find employment in the field she was trained in or something with in a year… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Because everything marriage wise is 50/50 In Indiana, does
Because everything marriage wise is 50/50 In Indiana, does that include a settlement I got for a product leaking & burning my hands? He didn't help me at all with the law suit he didn't help me during… read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Because of my gambling, my wife took all our monies and put
Because of my gambling, my wife took all our monies and put it all in her savings account. When she filed for devorce. I coulld not get any $. Half of the money is mine, but i cant get to it. What do … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Approximately one year ago, I went to court to have my
Hello My name is Kevin ******. Approximately one year ago, I went to court to have my alimony reduced. The judge read my divorce decree and he determined that a Gavron ****** was not clearly written o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I am going thru a divorce My husband has 'his' propertY and
I am going thru a divorce My husband has 'his' propertY and I have given him $82,000 in payments and he had to totally renovate the house which took 20 months, can I put a property lien on his house i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have compulsive gambling and shopping. I've been on
I have compulsive gambling and shopping. I've been on mirapex for years! I'm thinking this may be why. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been married 12 years and my wife has filed for
I have been married 12 years and my wife has filed for divorce because of my gambling? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I have been married for 14 years, one grown daugther. We own
I have been married for 14 years, one grown daugther. We own a home, have 2 cars, no joint accounts, I have a pension but nothing noteworthy. Currently I pay the vast majority of the bills because she… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
I've been divorced legally for 2 years I left my ex-husband
I've been divorced legally for 2 years I left my ex-husband in 2012 since then it has been just an absolute hardship, in 2010 when we were married he received an inheritance and he cashed in a CD wort… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
My friend's husband is a alcoholic and the past year
My friend's husband is a alcoholic and the past year accumulated a lot of credit card debt and bank loan through gambling. She's very worried because she lives in Washington. She wants a separation or… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,196 satisfied customers
Problem: My husband is gambling away most of s extra income.
Hi Pearl. Problem: My husband is gambling away most of his extra income. He's never wanted to combine our incomes. He has his own accounts (2) and I have mine. He grosses about $10,800, nets about 8,8… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Yes. i have question about if my husband so addicted to gamble
Yes. i have question about if my husband so addicted to gamble and drinking . is it possible he can keep my child over the night? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x