Can the IRS keep my refund to pay my husbands old back taxes? 4 Answers as of May 19, 2011

My husband & his ex-wife owe back taxes together, and they wrote it into their divorce agreement that it would be paid equally. Since I should get a tax refund, could IRS keep my refund to pay their back taxes?

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David Hoines Law
David Hoines Law | David Hoines
Yes, if joint returns.
Answer Applies to: Florida
Replied: 5/19/2011
Steven J. Fromm
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
If you filed a joint return with your husband, the IRS can and will take your refund. To protect yourself in the future you need to file married filing separately, even though it will probably result in a higher tax liability and less of a refund if one is owed to you.
Answer Applies to: Pennsylvania
Replied: 5/18/2011
Meyer & Yee, LLP
Meyer & Yee, LLP | Kent W. Meyer
No- unless you filed a joint return on joint income and half was his. And if your husband and his exwife have not paid their liability.
Answer Applies to: California
Replied: 5/17/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You would need to apply for innocent spouse relief. The IRS has a form for that.
Answer Applies to: California
Replied: 5/17/2011
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