If I have substantially more money paid towards a shared IRS debt, am I entitled to any type of relief from the interest that is accruing?

As part of the divorce agreement it was agreed the debt to the IRS would be split 50/50. I will soon have my half invested in the debt based on current totals owed to date. I think that I should be done. How will this be viewed if taken to court? My ex thinksthat I should keep paying based on the fact that she will still be paying for a few years and more interest will acrue over that time. I have substantially more money paid to the debt than she. Do I get credit for interest I should not have accrued if we had the same amounts paid in to the debt?

Asked on July 21, 2010 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the real issue:  the IRS is not a party to your divorce and does not care about your agreement, only that they get paid.  So if your ex defaults they will come after both or you and then you will have to sue her.  But they can get a judgement against you both or start to garnish your salary as well.  So yes, you have claims over and against your ex and yes, you are probably correct that your half is paid interest and all but hoe are you going to level the playing field with your ex?  In other words, how will you be able to determine the extra interest that you believe is accrued to the debt because of her and how are you going to offset it? Seek help from an attorney in your area.  Good luck.


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