My gf claimed our twins and they took 2/3 of her refund for 2015 tax year she filed jointly with x-husband. He worked she didn't. Our kids paid his tax. Any help?

[claychips83]

So my girlfriend filed her return this year and claimed our twins. Her return was for about $3200. She gets a notice that about $2000 of it has been taken to pay 2015 tax year that was owed when she was married to her x-husband. They filed jointly. She didn't work at all and he did. So my kids just paid his delinquent tax bill. She asked him to pay us back but we will never see a cent. Do we have any options? Shouldn't he be responsible for it? Or at least some of it? My kids just paid 100% of it. Thanks.

[Anita01 · Accepted solution]

You have only one option, unfortunately.  Because they filed jointly, they were both liable for the tax on the return and she cannot change that now.  It's not his delinquent tax bill, it's as much hers as his.  she cannot file an injured spouse form which is for returns being filed jointly with the spouse in question, and she herself was due no refund because she had no income that year.  She also cannot file an innocent spouse tax form, because the tax was not understated on the form in a prior year, it just wasn't paid. 

She could file an amended return for 2017, and, if you all lived together, and you had to file a return, you could claim the children instead, or amend your return to claim them.  Since the IRS already claimed the refund for back tax, it's not a guarantee they would refund anything but you could try.

[claychips83]

There's nothing to be done in civil court? He said he would pay it and never did. She just paid 100% of it. He's not liable to any of it?

[claychips83]

Also, if we do an amended return and they already took the $2000 out to pay the 2015 tax bill....how would that play out? Would that debt being paid off be canceled? Or would they just charge her $2000 it I claimed the dependants instead?

[Anita01]

The money would still be owed, not cancelled at all. and her refunds subject to seizure by the IRS.  She could still be billed for the balance on the debt.  We cannot comment on your legal remedies because this is a forum for tax questions and we are qualified to comment on court remedies. You would have to see a local attorney to see if you have any civil court remedies.  You could always start with Legal Aid and see what they say.

[Anita01]

They are each liable for the total amount of  the debt as far as the IRS is concerned.

[claychips83]

I was just wondering since they already paid $3200 and took out $2000 for debt then we ammended the returns and I claimed the kids if the debt would stay paid and then she gets a bill from the IRS for $2000 that starts collecting interest.

[Anita01]

if her refund is enough to cover the debt, even after amending, then it will be paid.  If not, it will continue on and collect interest.  She would likely owe back much of the refund already paid after amending.