Splitting Tax Liability?

Question of the Day:

My ex-wife and I divorced in February of 2009. We have an existing tax liability from 2005 that was "split" in the divorce decree. She has stated that she cannot pay on her portion of the taxes, but since it was split the IRS will only pursue me for my portion. I suspect that they don't care and will pursue me for the total since she babysits and doesn't have an easily accessible income source for them to levy. Any advice? – Brian

Answer:

Brian: Your suspicions are correct.  The divorce decree is binding on you and your ex, but not the IRS.  If you have to pay the entire claim, the only recourse you have is to obtain a judgment against her for her share.