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My husband and I are separated. We are both responsible for…

My husband and I...

My husband and I are separated. We are both responsible for an IRS bill bug he bas not paid the last 6 months. Is there any legal way I can take him to court to pay half of the bill?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Nothing yet.

Lawyer's Assistant: Family law varies by state. What state are you in?

New Mexico

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it.

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Customer reply replied 4 months ago
Different question. My estranged husband is accusing me of keying his truck. He accused me after I confronted him about repirtig him to his HR department that he was having an affair with his secretary. I don't even know where he lives.
He said he filed a police report and I would be getting arrested. Is this true? Can I get arrested based on what he says?
Customer reply replied 4 months ago
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Customer reply replied 4 months ago
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Answered in 15 minutes by:
3/19/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,369
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I can appreciate both the seriousness and frustration of this situation. If the tax liability you are paying resulted from the two of you filing returns as married filing jointly, as far as the IRS is concerned either one or both of you is responsible for the entire tax debt. In other words, they could look to you to pay it all, him to pay it all, or both of you together. Thus, the important first step is making sure it is paid. Ideally, you would request him to pay his half, he would do so, and then you would also pay your half. As it does not appear that may happen, you may want to send a written letter to him notifying of the deadline to pay and that if he does not pay his portion you will have no option (assuming you have the financial resources to do so) but to pay the entire bill and will look to collect reimbursement from him, along with interest, in any divorce proceeding or in a separate action if necessary. Now, if the two of you are getting along - which given the separate question you just posted - I am doubtful of, you may just settle this up in divorce proceedings as part of the division of your marital estate (in other words, he will be deemed to have already received the portion of the tax bill you paid for him and you will get some other asset to balance that amount, either cash or actual property).

So this second question raises different issues. If you did not key the truck, don't know where he lives, etc. I wouldn't worry too much about this issue. If he did file a police report, they may come talk with you and you may want to consult a lawyer in your area before speaking with them just to be sure there isn't anything to be careful about discussing that may impact any divorce proceedings in the future. There is a Criminal Damage to Property crime in New Mexico and if the damage is more than $1,000 it becomes a more serious offense; so what he is threatening is possible. That said, I believe that you may also want to speak with a local attorney about this and find out if you may be able to circumvent this problem by going to local law enforcement before they come to you - which they may not do - inquiring whether your husband did or did not make this false report; it would also give you the chance to inform the relevant department that you believe it to be a false report and that if his truck was damaged you did not do it. You know your husband and will have to gauge if he is serious or just trying to scare you.

Again, I am so sorry about this situation. If you need further help, please reply to this email. If I answered your questions and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 4 months ago
I was with a friend of mine when he accused me of doing this.
Will having a witness help me?
Just for clarification, can I be arrested without my side of the story being told?
Customer reply replied 4 months ago
I was with a friend of mine when he accused me of doing that to his truck.
Will having a witness help?
For clarification, can I be arrested based on a police report?

It is possible, particularly if he claimed the damage was more than $1000, but it is not likely that you would be without some investigation into the allegations. Certainly a witness to his essentially threatening that you will be arrested may be useful in the future.

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Also, just so you know, I am getting ready to go offline for the night. But if you have additional questions send them my way I will answer them tomorrow for you if I miss them tonight.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,369
Experience: Member at Keefer & Keefer LLC
Verified
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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).

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