Can I prevent the IRS from taking my tax refund if I owe taxes? 2 Answers as of March 11, 2011

My ex and I owe 10k for 2007 jointly filed taxes. We divorced in 09 when he agreed to pay IRS while I agreed to pay another 10k familial debt. We neglected to have this put in the divorce decree. The IRS kept my 2009 refund and applied to 2007. My 2010 refund is upwards of 4k, but I have not yet filed. Can I get my 2009 refund back? Can I prevent the IRS from taking the 2010 refund?

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David Hoines Law
David Hoines Law | David Hoines
No, unless you make agreement with IRS.
Answer Applies to: Florida
Replied: 3/11/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
No and No. You are jointly and severally liable with your husband on these debts and the IRS can go after either one of you or both of you to collect these tax debts. As to the 2009 refund, the IRS will not return it. As to the 2010, if you file the return they will take the refund. You need to get with your divorce attorney to get your husband to pay you back his fair share of the tax debts; that is your only recourse.
Answer Applies to: Pennsylvania
Replied: 3/10/2011
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