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Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 3476
Experience:  3+ decades of varied tax industry exp. Tax Biz owner
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Before I married my wife she incurred a huge tax debt. She's

Customer Question

Before I married my wife she incurred a huge tax debt. She's making small payments. Now the IRS is asking for my information. I have no tax problems. Can they come after me? Or attach my wife's entire pay because I earn 100k per year. Should we consider divorcing?
Submitted: 1 year ago.
Category: Tax
Expert:  Tax.appeal.168 replied 1 year ago.

Q1: Can they come after me?

A1: Do you guys file married filing jointly? If so, yes, they may try to come after you. The IRS can garnish 25% of your wife's disposable income. They can garnish the entire paycheck. They can also levy the bank account. As your wife incurred this tax debt prior to you guys getting married, if the IRS tries to come after you, you can claim Injured Spouse Relief. You do this by completing the Form 8379. If you are filing joint returns, my suggestion is to file separate returns until she gets this tax matter squared away. You can refer to the following link for more information regarding the Injured Spouse claim.

Link to Form 8379/instructions:

Q2: Should we consider divorcing?

A2: Gosh no, unless there are other reasons why you guys want to divorce.

Let me know if I can be of further assistance to you regarding this matter.