The man I married didn't file taxes in 02,03,04,and 05. We live in Texas?

Question

He was married to some one else through those years. IRS took my taxes to pay his debt. Now we are separted do my children and I still have to pay for his stupidity?

Answer 1

No, the debt belongs to him and his ex-spouse.  I would contact the IRS to see if you can recover your refund that was diverted to his debt.

Good luck.

Answer 2

did you not complete and file form 8379 injured spouse so you could get your half of the refund.  I believe you can still do it.  

Good luck, and if you were to marry again make sure to find out if he has filed all his taxes and has no IRS debt, along with all the other things you must know about a person before getting seriously involved.

Answer 3

Did you work in 2006 and 2007?

Even with the injured spouse form, the rules of Texas allow the IRS to take up to 75% of the joint refund from you to apply to the debt.  

Answer 4

Your children do not.

For any year for which you and he file a joint tax return, the refund can be taken to pay a debt of either or you.  Additionally, each person is responsible for any misstatement by the other and personally liable for repayment of any excessive refund that results.  Therefore, you should file separately for all future years.

Separation has little effect on spousal responsibility for debts.  If you do not want to be responsible for his debts, you should divorce.

Answer 5

MAKE sure the paper say (separated) that might help . is he a jerk good luck

Answer 6

I think you're stuck with it UNLESS you can get this taken care of in a divorce agreement.

It's fraudulent to skip paying taxes and then saddle your unwitting new wife with the bill.

I'd put that right at the top of a divorce settlement.  I don't know if the IRS will let you wait until proceedings are over, so you may have to pay now and get reimbursed.  

What he did was wrong, but the IRS is gonna get paid.  You need to make sure you get paid back for paying them.