What if my ex wife refuses to pay half of the tax penalty?

Matt L: What if my ex wife refuses to pay half of the tax penalty?
Recently on 4/24/07 I recieved a tax penalty in the mail from 2001. Me and my ex-wife were married between 2000 and 2005 aprox. She failed to pay some taxes on her job because she was paid under the table. I am now remarried and have a daughter. My ex-wife has always been controlling and abusive and always blamed me for everything. Well when I called her the other day to ask her to pay half of the $ 1044.00 debt she told me you know what you are responsible because you always took care of the bills and then I try to explain to her and she said why do you keep talking so I stopped. Then she just said she will not pay. So I live in another state and to fly over and take her to court would cost $ 500 at least so that would already be more her half so I would lose the money anyways. Is there anything I can do to not be walked over again I feel so bad about losing this money too. Thanks for all of your help and answers!

Answers and Views:

Answer by Ridhi R
i think what is done is done and should be left behind…just cut down on ur expenditures for a little while and pay the tax urself…ur ex-wife doesnt seem interested and filing a case would only cause losses to u of which u r in no mood…so just chill and maybe u could try some loan options….

Answer by bostonianinmo
Take small consolation in the fact that the IRS is probably going after her for it as well. It would certainly be worth a call to the IRS and see what they have to say — and maybe an hour of an attorney’s time for guidance as well.

Might be worth paying it off and then suing in Small Claims Court if only to deliver a message.

Answer by Jo Blo
If you are going to pay half, do it. Then let IRS deal with her.
She won’t walk all over them.

Answer by Fight_the_Power
Both you and your ex-wife are responsible for the debt since you filed a joint return in 2001. However, if she doesn’t need to file a tax return, they can and will take the entire amount out of any future tax refunds. I would seek a lawyer’s opinions, first and foremost. If I were you, I would dig in my pockets and pay the entire amount. Then take your wife to small claims court to get her half. If you can’t pay the entire amount, you can always request an Installment Agreement where you can pay them monthly payments. Good luck with everything.

Answer by acmeraven
File form 8857, Innocent Spouse Relief. This puts you out of the picture as the entire debt will be assigned to the person responsible for it. Go to IRS.GOV and use the forms order section to obtain this form; fill it out and send it in.

Answer by ninasgramma
Innocent spouse relief will not help you, since you had knowledge of her payment under the table. The IRS considers you fully liable for the penalty.

In fact, she’s not going to pay. If she didn’t want to pay the IRS to begin with, she is not going to cooperate with you to pay them now.

So pay it, and you’ll have one less reason to deal with her in the future.

Answer by Deb S
It’s probably best to call the IRS but when I divorced I only sent my half of the due tax & it’s been 18 years.