Brides Helping Brides ™ - Previous Debts before marriage...

Butterfly123 Posted: Oct 04, 2007 01:44 PM

Previous Debts before marriage...

I asked this question a while ago but Im gonna ask again cause Im freaking out about it again and I dont remember what was said about it. I have tax debts from 2002 hanging over my head. I havent been able to pay them or even send small amounts of money on it. Does anyone know if this is going to carry over to FH?? Will they start garnishing his money once were married or does that only happen if I change my last name? This is really lying heavy on my shoulders cause I dont want this to burden FH when its my problem.

Espo22 Posted: Oct 04, 2007 01:49 PM

Re: Previous Debts before marriage...

do you have separate bank accounts? i would make sure to keep it separate until its paid off

Butterfly123 Posted: Oct 04, 2007 01:50 PM

Re: Previous Debts before marriage...

I dont have a bank account. I havent had one since 2002 because of the taxes. Im not planning putting my name on anything of his until I get this cleared up. But Im afraid theyll come after him anyway.

MrsHtobe Posted: Oct 04, 2007 01:52 PM

Re: Previous Debts before marriage...

I think if you two file separately you might be ok for now, but you really should talk to a lawyer about setting up a payment plan of sorts. . . .

LuvMyAlfonse Posted: Oct 04, 2007 01:52 PM

Re: Previous Debts before marriage...

hmmmm, I don't know. I'll ask my accountant.

ant n tilde Posted: Oct 04, 2007 01:52 PM

Re: Previous Debts before marriage...

unfortunately - once you sign that marriage certificate your social security numbers are linked and you are often considered 'one entity' when it comes to debt

they CAN go after his money - BUT - they MAY not catch up to you two in time KWIM?

Hope you get it all cleared up!

jess N brian031508 Posted: Oct 04, 2007 01:52 PM

Re: Previous Debts before marriage...

I can tell you that when I got married the first time I had tax debts (not known to me) and when we filed jointly for the first time the whole refund went to my debts.

AS Posted: Oct 04, 2007 01:55 PM

Re: Previous Debts before marriage...

I believe FH has some debts (school loans) which I told him to take care of BEFORE the wedding bec I will not be paying for that. I have everything paid off so Im cleared.

MrsHtobe Posted: Oct 04, 2007 01:55 PM

Re: Previous Debts before marriage...

Posted by ant n tilde

unfortunately - once you sign that marriage certificate your social security numbers are linked and you are often considered 'one entity' when it comes to debt

they CAN go after his money - BUT - they MAY not catch up to you two in time KWIM?

Hope you get it all cleared up!

Yeah, they could, but I don't think they would pick up on it right away if they filed separetely.

I know its probably a lot of money, but the longer you wait, the more penalties you're going to get slapped with, and the debt will just get larger.

Butterfly123 Posted: Oct 04, 2007 01:59 PM

Re: Previous Debts before marriage...

SO Im hoping they wont be able to touch his money if we file seperately. I plan on contacting someone right after we get married to get it squared away. I have to take care of it someday!

kkss1419 Posted: Oct 04, 2007 02:03 PM

Re: Previous Debts before marriage...

It can effect him if you don't fill out the right paperwork. You can file your taxes together as long as he sends in what’s called an Injured Spouse Claim. This would elevate him from being held accountable for your past tax debts. I coped this from the IRS’s Website:

Injured spouse claim. If you file a joint return and your spouse has not paid past-due federal tax, state income tax, child support, spousal support, or a federal nontax debt, such as a student loan, part or all of the refund on line 12a may be used (offset) to pay the past-due amount. But your part of the refund may be refunded to you if certain conditions apply and you complete Form 8379. For details, use TeleTax topic 203 (see page 6) or see Form 8379.

Hope this is somewhat helpful. You can search on IRS.gov for more info

Mizzdimple Posted: Oct 04, 2007 02:04 PM

Re: Previous Debts before marriage...

Yes unfortunaltey you marry ur spouses debt as well.

I would do whatever you can to pay them., the penatlies can be Ginormous

anneandchris Posted: Oct 04, 2007 02:04 PM

Re: Previous Debts before marriage...

Posted by MPAS

I believe FH has some debts (school loans) which I told him to take care of BEFORE the wedding bec I will not be paying for that. I have everything paid off so Im cleared.

School loans are MUCH different then tax debt.

Mizzdimple Posted: Oct 04, 2007 02:07 PM

Re: Previous Debts before marriage...

Posted by anneandchris

Posted by MPAS

I believe FH has some debts (school loans) which I told him to take care of BEFORE the wedding bec I will not be paying for that. I have everything paid off so Im cleared.

School loans are MUCH different then tax debt.

I was going to just say that. Student loans do not hurt you., as long as he makes the payment.

kellybean Posted: Oct 04, 2007 02:07 PM

Re: Previous Debts before marriage...

My cousin had a very similar issue and with in 6 months they were taxing his check..not sure how it works but they flag your social...if you have no legal form of income his counts towards you

anneandchris Posted: Oct 04, 2007 02:08 PM

Re: Previous Debts before marriage...

I would check with a lawyer or accountant. I would do it sooner rather than later just so you know what to expect after you are married.

Espo22 Posted: Oct 04, 2007 02:09 PM

Re: Previous Debts before marriage...

Posted by Songstress1212

SO Im hoping they wont be able to touch his money if we file seperately. I plan on contacting someone right after we get married to get it squared away. I have to take care of it someday!

yeah definitely do it right after the wedding...Bc if they find a way to get to you they will and that means even freezing bank accounts, and if its not yours and they're able to do it to FH's they will...This happened to me with a bill i didnt even know about, they said they were mailing me the bill but UHMMM they sent it to my old address so i never got it. THEN i said fine ill pay it now gave them all the info and said now just unfreeze my account...well i had to go to the bank first to sign papers but they didnt fax it over yet...WELL it took 1 month and a half of going to the bank god knows how many times, signing the papers OVER and OVER and each time they kept telling me something was wrong, i would go and fix the problem but still...WELL finally i was able to figure it on my own after speaking to someone at the bank that they had put the wrong account number on the papers so thats why it wasnt going through...These ppl are idiots and half of them didnt even know how things were done, i would go to the bank after the 10th time and TELL the employees what they had to do since i was used to it by then and basically did all their jobs for them. You DONT want to deal with this

kslmbuggie Posted: Oct 04, 2007 02:19 PM

Re: Previous Debts before marriage...

I deal with credit on a daily basis, & once you are married credit reports do not become linked. When you apply for car loans, mortgages, etc. together then your ss# & his ss# will appear on each others credit reports, but they still arent linked.

i.e. your credit report will show your ss# with FH ss# under yours with a asterix next to his number. No where on your report will you find his credit profilie information.

If you have joint bank accounts then yes the government can put a lien against the account for the amount of money you owe. It is good that you dont have a bank account because they will definetly put a lien against it.

Your financial obligations do not become eachother's financial obligations once you are married.

When you file your taxes you can file separately but your status on the return would be 'married filing separetly', & one of you file head of household....u should let FH do this because it would benefit him more since you owe $$

If you get a refund the IRS will apply that to any back taxes owed.

Hope this helps.

JsPrincess Posted: Oct 04, 2007 02:29 PM

Re: Previous Debts before marriage...

You cannot file head of household just because you want to. In order to qualify as head of household you need to be divorced or legally seperated. You also must either claim a qualifying dependant or child. When you file a married filing jointly return his social security # does go on your tax return, but if you do get a refund yours is seperate from his. Married filing seperatly is the worst way to file though for many reasons that would take a while for me to go into. To be totally honest you need to settle something with the IRS. Not only do you owe them back taxes, but you are paying penalties and interest on top of what you owe. Give them a call and set up a payment plan with them or if you offer them a lump sum all at once usually they will settle for a lot less then you owe. And if you haven't filed a tax return in years do so bc those refunds will automatically be applied to your debt.

kkss1419 Posted: Oct 04, 2007 02:38 PM

Re: Previous Debts before marriage...

Posted by JsPrincess

You cannot file head of household just because you want to. In order to qualify as head of household you need to be divorced or legally seperated. You also must either claim a qualifying dependant or child. When you file a married filing jointly return his social security # does go on your tax return, but if you do get a refund yours is seperate from his. Married filing seperatly is the worst way to file though for many reasons that would take a while for me to go into. To be totally honest you need to settle something with the IRS. Not only do you owe them back taxes, but you are paying penalties and interest on top of what you owe. Give them a call and set up a payment plan with them or if you offer them a lump sum all at once usually they will settle for a lot less then you owe. And if you haven't filed a tax return in years do so bc those refunds will automatically be applied to your debt.

You are correct about filing head of household in that you just can't file that way, but you do not need to be divorced or separated. I file Head of Household since I have a child and I have never been married. You can only file Head of Household if you have a child/dependent living with you. You do not need to claim them as a dependant (ie adult child living in your home who is filing their own taxes)
Also, while this should be settled with the IRS, all that needs to be done in order to file jointly and not have your spouse held accountable is to file an Injured Spouse Claim. Then his refund is not adversely affected by any past debt.