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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Judgement divorce was filed 04/24/15. I am petitioner.

Customer Question

Judgement for my divorce was filed 04/24/15. I am petitioner. Respondent has filed a request for order on 09/07/15 accusing me of not honoring MSA. I agreed to take all debt in exchange for lower support payments. One of the debts is back taxes owed to IRS, and respondent has stated in her declaration that I am refusing to pay. I have been paying monthly installments and have documentation to prove. There was an IRS reassessment of a prior year on 09/21/14, after MSA was signed and notarized. IRS levied that amount 50/50 on both of us. Respondent has been making payments to IRS but claims I am liable for it. I have talked to IRS and they say it is separate from MSA so it is not bound by it, therefore liability is on both parties. Respondent is attempting to use family law venue to get back what she has paid and force me to pay remainder. What to do???
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
The tax debt in our MSA was for years 2009-2012. The year reassessed was 2011, however as I stated the IRS said it is not part of our MSA even though the year 2011 is part of agreement, due to the date of reassessment occurring after MSA .
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The IRS for a change is right here. If the new IRS debt was issued after the divorce and was not mentioned in the MSA, you and the respondent would have to go back to the court to go back and review liability for the new debt. Just because you agreed to take on all of the debt existing at the time of the MSA, if this debt was unknown at the time and did not exist, then it is not covered by the MSA and in order to resolve this one you have to mediate the dispute and come to a new agreement on this or you have to go back to court to get the court to decide how this debt will be handled.