Can a Family Court Order stop the IRS from collecting delinquent taxes?
- January 8, 2019
- David Greene
- Comments Off on Can a Family Court Order stop the IRS from collecting delinquent taxes?
Unfortunately, the answer to your question is no. Since the IRS is a federal agency, it is not bound by a state Family Court order. I assume you and he filed joint returns for the years in question. Therefore, you are both equally responsible for the tax under federal law. The Family Court cannot change that as far as federal collection of the tax is concerned. There are several ways that I can stop the threatened levy from happening and we can formulate a plan to help you resolve this debt through Offer in Compromise, etc. Then you would need to take your husband back to the Family Court and hold him in contempt to make him refund to you whatever portion of the tax you have to pay. That’s the way our Family Court can make him ultimately responsible. Thus, the Family Court order is enforceable, but only against your husband, not against the IRS.