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  1. #1
    Join Date
    Oct 2014
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    18

    Default Enforcing a Divorce Court Order to Pay IRS Tax Debt

    My question involves a marriage in the state of: VA

    A divorce agreement was entered into court on 05/06/2013. One of the parties agreed to pay $10,000 of the joint IRS tax debt. The agreement only stated that the $10,000 would be paid directly to the IRS but did not specify when it would be paid. In the meantime the other party has been paying $700 monthly towards the IRS tax debt and the remaining balance is close to $10,000. As per the IRS no payments have been made by the other party who agreed to pay the $10,000. Several emails have been sent to the individual requesting a status on when payments will be made with no response.

    The question is as follows: At what point can the person be held in contempt for not paying the $10,000, since the agreement didn't specify a time frame of payment?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Enforcing a Divorce Court Order to Pay IRS Tax Debt

    You should discuss the matter with your divorce lawyer.

    Generally speaking, when the parties are silent as to time, the time to act would be inferred to be within a reasonable amount of time. What is reasonable? That will depend on the facts.

    If both parties were subject to the same order with one paying $700 per month, that would suggest that the party paying $700 per month believes that paying off the $10,000 within about fourteen to fifteen months is reasonable.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Enforcing a Divorce Court Order to Pay IRS Tax Debt

    Quote Quoting neticra
    View Post
    My question involves a marriage in the state of: VA

    A divorce agreement was entered into court on 05/06/2013. One of the parties agreed to pay $10,000 of the joint IRS tax debt. The agreement only stated that the $10,000 would be paid directly to the IRS but did not specify when it would be paid. In the meantime the other party has been paying $700 monthly towards the IRS tax debt and the remaining balance is close to $10,000. As per the IRS no payments have been made by the other party who agreed to pay the $10,000. Several emails have been sent to the individual requesting a status on when payments will be made with no response.

    The question is as follows: At what point can the person be held in contempt for not paying the $10,000, since the agreement didn't specify a time frame of payment?
    Once in a blue moon you can convince an IRS agent to suspend collections against an ex-spouse who can prove that they have paid their fair share of the bill. I have done it successfully for a handful of clients.

  4. #4
    Join Date
    Oct 2014
    Posts
    18

    Default Re: Enforcing a Divorce Court Order to Pay IRS Tax Debt

    Hats off to you for being able to accomplish that! The IRS has said that they will only go after the the other spouse if and when the spouse who's paying stops paying. They also said that they don't care what was agreed in court. They just want to get paid. It was my understanding the only way about this was to wait for the remaining balance to be 10,000 and then file for contempt. Thank you very much for the advise and again congrats on getting that for your clients. I hope they realize what an accomplishment that was.

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