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Will they take our taxes??!!! HELP!!! ASAP***

I was married once before, and while married (i did not work) my ex husband and I were sued bc my dear EX husband didnt pay 10,000 worth of rent, which I had no inclination about!!!!! They took us to court and I owe half of that amount.

Its been three yrs. Since then I remarried In November to my new husband. Since I have a judgement against me, can they take my husbands taxes bc of MY judgement??!! if it helps i live in florida

Answer Question

Asked by Anonymous at 9:58 AM on Feb. 19, 2011 in Relationships

Answers (17)
  • I'm no expert but I think they can. When he married you, he married your debt too.

    Answer by Cindy18 at 10:00 AM on Feb. 19, 2011

  • They could, but usually you will get a notice about it before they do. They give you time to pay or make payment arrrangements before asking for an offset. Call (800) 304-3107 and they should be able to tell you.

    Answer by gemgem at 10:00 AM on Feb. 19, 2011

  • I don't know - my husband actually a tax accountant and even he wasn't sure. He said the best bet would be to call a lawyer.

    You could also call the IRS and ask. Here's a list of numbers:,,id=161104,00.html

    However as long as you have zero income and we are talking purely about your husband's income he is probably protected under the innocent spouse rules. You might be able to find a form for him to fill out about that. That's just my gut instinct though, so def. follow up with someone.

    Remember that even if they take his refund in garnishment that it is still better to file correctly because the fees and stuff if you get audited later or skipping a year would be worse!

    Answer by angelm523 at 10:08 AM on Feb. 19, 2011

  • i worked last yr, but not this year. When we got married i was not working. We filed our taxes together, but just remembered about my judgement against me. He is freaking out and wants me to call the IRS. I feel that if I do call them, it might send them a red flag. Im not sure, we need our tax money to pay bills and such. My husband is freaking out

    Comment by Anonymous (original poster) at 10:14 AM on Feb. 19, 2011

  • In my experience. Federal will NOT touch your taxes unless you owe back child support or student aid. State, the same way. My ex has been sued before, they never touched what he owed for lawsuits.

    Answer by kitchenwitch78 at 10:23 AM on Feb. 19, 2011

  • Oh and state will take all of your taxes if you owe the state money for over payments and such to department of job and family services.

    Answer by kitchenwitch78 at 10:23 AM on Feb. 19, 2011

  • When they catch up with you (find you). Yes they can. Your debt is his debt.  Best to contact them and set up a payment plan.


    Answer by louise2 at 10:27 AM on Feb. 19, 2011

  • It's your debt. If they know about your taxes then yes they can attach any assets you have including a tax return. I agree with Louise2, contact them first and set up a payment plan so they won't take all of your refund.

    Answer by admckenzie at 10:34 AM on Feb. 19, 2011

  • Well if you file jointly with your Husband any Judgement or liens the IRS will take even back child what you can do is file your tax's (Married filing seperate) then they will only take your tax's and not your husbands or you can fil jointly and file injured spouse for your husband then they again will only take your refund and not his. So these are two options.

    Answer by dusty1962 at 10:46 AM on Feb. 19, 2011

  • There's a form you can fill out. something like non obligated spouse..something or other. They will take your taxes out and give him his.

    Answer by Saya at 10:55 AM on Feb. 19, 2011

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