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Feel Like You Are Not Responsible For A Debt Owed By Your Spouse Or Ex-Spouse? | TaxConnections
Taxpayer Advocate Service Tax Tip Saying “I do” doesn’t necessarily mean you’re responsible for your spouse’s or ex-spouse’s debts. If your spouse has a debt (this debt could be for any number of things – child support, spousal support, a federal debt (e.g., student loans), or a federal tax debt) and you file your taxes using the Married-Filing-Joint tax filing status, the IRS can apply your refund to one of these debts, which is known as an “offset”. Or they can take a collection action against you for the tax debt you and your spouse owe, such as filing of the Notice of Federal Tax Lien or issuing a levy. However, if you’re not legally responsible for the past-due amount, you may still be entitled to receive your share of the refund or request relief from joint and several liability, depending on the facts of the situation.