First very much appreciate this site and everyone who contributes. I know that I’m going to have to file Chapter 13 in the near future. My questions concern’s back taxes owed jointly with ex-husband. In my divorce decree my ex-husband is responsible for paying taxes owed for past years in lieu of paying spousal maintained to me. He is currently paying them via installment plan with the IRS. However, because they are joint taxes I will be responsible for paying them in Chapter 13 as a priority debt. My question is, will my Ex-husband still need to make the installment plan payment also? Or will the IRS stop the installment plan and only want the payment I would make in the Chapter 13? Very confused on this issue and how it would be handled with the IRS. Thank you for any insight that anyone would have. Wish the best for everyone on the forum
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Hi! Welcome. I don't have an answer to your question but I will tell you that this is something for your attorney to handle. Very few Ch13 cases get approved without an attorney on board. This sounds like a very case-specific issue that needs professional legal guidance.
Good luck! Please let us know how things go as your case progresses. I am now 18 months into my 60-month Ch13 plan. So far, so good. -
You are correct that the IRS will file a priority Proof of Claim and, in general, your Plan must provide for the claim despite there being another on the hook who is paying the debt by way of an installment agreement.
There is a possibility that you can get the IRS to agree to only a partial payment (or no payment) under the Plan while your ex continues with the installment agreement. It appears that you are in Phoenix and I assume you are going to hire an attorney. Your attorney can reach out to Lynda Garcia or Linda Kittrell at the IRS bankruptcy unit to see if an agreement can be reached.
Des.
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Thank you. I will be hiring an attorney. Good luck with case progressing!Comment
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Thank you for the info despritfreya . I will be hiring an attorney. I will pass on the contact info for the IRS Bankruptcy unit.Comment
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