Ex-husband failed to report my income and the IRS has taken my refund. How do I proceed?

UPDATED: Jun 9, 2009

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Ex-husband failed to report my income and the IRS has taken my refund. How do I proceed?

My 2008 tax refund was applied to a 2005 tax amount owed. I was married at the time and it’s his liability but I’m aware that legally I’m liable as well. But I want to figure out the best way to go. It’s been hard dealing with him and he won’t even acknowledge or explain why he failed to report my info.What happens if I file separately and apply for Innocent Spouse? Can I report him for fraud as well since the reports were filed in dec 2008? Should I just file the ammended report with him? What happens next? Thank you for the help!!

Asked on June 9, 2009 under Family Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It may not be fraud -- but you had a responsibility to ensure the tax records were accurate, as well.   I am assuming the two of you filed joint married and not separate.  At this point, your best bet is not to contact the IRS directly, but to hire a tax attorney who has experience in working with the IRS and/or your divorce attorney in order to handle any post-divorce decree motions. 

Try www.attorneypages.com and check his or her disciplinary record at www.calbar.ca.gov under attorney search.

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