NJ got attached for back taxes

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NJ got attached for back taxes

Postby 2wonderfulkids » Wed Apr 18, 2012 12:08 am

I just posted a rant about custody on the parenting forum. It relates somewhat to this, but i don't feel like copying a link, sorry

the last 3 years we were together (separated in late 2009, filed in 2010, final last Fall) we didn't file or pay taxes (financial downward spiral, I was working 2+ jobs, she wasn't working or started a few little businesses with good potential but neglected them; she said she was a SAHM and couldn't work even after both D14 / S10 (current ages) were in school.

At great effort and expense we finally got them filed last year and negotiated plans to pay off the taxes, interest and penalties. In our divorce settlement, because I make 4x what she makes, What it boils down to is each month I pay close to $600 to federal, state and local tax authorities (plus private school tuition, plus alimony) and she pays none of that but when (if we ever) sell our house, if we make anything from it her 1/2 of the taxes and other debts I am paying will come from her 1/2 of the equity on the home. (if we can't sell, then I have to buy her out after a certain date.) The one thing she does cover is health insurance, since we separated she finally had to get a job, and it has very good benefits, the children just qualified to be covered under it this month. That saves me about $340/month.

Anyway, she was due a $5,000 federal refund for 2011, and of course all of it was attached by the IRS and state revenue for our back taxes. She's pissed off, and instead of waiting for the house to sell, she wants me to start paying her back now for my 1/2. I've suggested I could pay an extra $170/mo (1/2 of what I'm saving in health insurance and other medical for the kids) on top of maintenance to compensate her for that. Now, I want to tell her to pound sand and I'm not giving her a penny more, she can wait for the house to sell.

I don't know if I have a question here :D maybe just want to vent.
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Re: NJ got attached for back taxes

Postby hoosier_dad » Wed Apr 18, 2012 8:54 am

So in summary:

Before ex's tax return was attached:

STBX owes you taxes + decree states she will pay her share when the house sells = 0 motivation for your ex to sell the house.



After:

You owe STBX taxes + decree states you will pay your share of the owed taxes when the house sells = lots of motivation for your ex to sell the house.


Unless your decree has some specific language that you would be violating I know which choice I'd stick with.
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Re: NJ got attached for back taxes

Postby hanzblinx » Wed Apr 18, 2012 9:50 am

A little off topic, but when my ex refused to pay 50% of back taxes in the divorce agreement, then later sent me a bill for $3400 in extraordinary medical expenses, I subtracted out what she owed me (since my wages were garnished for her 50% of back taxes) from the medical expenses.

Amazingly she didn't even complain. I figured she wouldn't have any leverage in court, maybe she figured the same thing.
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