Can you sue your ex-spouse to recover monies paid to the IRS for the actions the ex-spouse took in
violation of a Judgment of Absolute Divorce?

In 2007 a Judgment of Absolute Divorce was granted. As part of that Judgment, it is Order that
Spouse A make mortgage contributions toward to the payment of the family home, and deduct the
property taxes and mortgage interest in proportion to the share that was contributed. By way of
Consent Order in August 2008, the Spouse B agreed to refinance the home in lieu of sale, and Spouse
A''s mortgage contribution is terminated. For the 2008 taxes, Spouse A claimed its portion of the
mortgage interest and taxes. This year, Spouse A after a series of correspondence from the IRS, was
told that the deduction was improper, and that Spouse B took the entire amount, thus resulting in
owed back taxes and penalties in excess of $3K. The IRS informed Spouse A that this is not an IRS
problem, but a civil matter and that Spouse A needs to recover the monies from Spouse B. Can a
civil suit be filed and successfully argued to recover the monies from Spouse B?

Legal Topic Area: Civil Litigation in MD

Report Abuse