Joint fed taxes, only 1 filing 13

[outsidetool]

Im heading to a Ch 13 filing soon, just met with atty. Im filing wife is not. We have filed taxes jointly for like 20 years; but we have been short on witholding for some recent years; owe irs bout $38,000. Have had a payment plan in place for like 2.5 years. My wife has retired, she has a state retirement, but it is like half what she used to take home.
I will still be in a 100% plan. Asked atty if the full tax debt can go in my plan; he said yes. So i asked him if then any risk irs might come after my wife— he said “they could but usually dont.” This atty has been around 30+ years, plus his father before him, doing nothing but BK. Id just like to know if anyone here on the forum has been in this boat? Should i bejust trying to keep the pmt plan with IRS ? (havent asked atty bout that). Any insights appreciated… guess i just want to have additional info before seeing atty again. Thanks!

[justbroke]

Your attorney is 100% correct. Generally, the IRS will not go after a spouse if the debt is being paid within the Chapter 13 bankruptcy. Hard you discharged the debt, a spouse can (most times) file an Injured Spouse claim with the IRS and be excused from payment. If your spouse never worked of didn't work during the times that you owed money, then the injured spouse allocation would likely be approved.

But since you're in a 100% plan, all that is moot. The co-dehtor stay would prevent the IRS from going after your spouse anyhow unless the IRS filed a Motion For Relief from the Co-debtor Stay, which they normally do not.

I say this from experience with an "injured" spouse whom they did go after following my Chapter 13 and my divorce. The Injured Spouse Allocation worked perfectly since she never worked.