courtreporterscopist
New Member
Part of my original divorce agreement in 2004 stated that my ex had to pay an outstanding IRS debt from his OWN company that the IRS assessed us with. The IRS assessed me because I was the one who brought them all the tax filings and checkbook register when it came time to speak to a revenue officer.
This is truly NOT my debt in any way & the IRS is not trying to "collect" it from me, they have me showing as "uncollectable" in their files because I showed them my divorce as well as the Articles Of Inc. for his company showing I have NO link to the IRS Employee Withholding Taxes that my ex failed to pay.
Fast forward to May 2010 - I took my ex to court because this judgment lien on my credit is an ugly blemish especially when I am starting a new career. The Judgment Entry dated on this day reads:
"Plaintiff (my ex) acknowledges that he is in contempt of the court's November 2007 Judgment Entry."
"Plaintiff is adjudged guilty of contempt of court and is sentenced to 15 days in jail, sentence is suspended provided Plaintiff purge the contempt by paying to Defendant back her IRS refund which was seized by the IRS. As a further purge condition, Plaintiff shall contact the IRS and make payment arrangements with the Agency so Defendant's future tax refund checks will not be intercepted. He shall show proof of this on or before July 1, 2010."
Due to how volatile our divorce has been, and for the sake of peace around our child, I didn't force my hand on July 1, 2010 when he failed to show proof of contacting the IRS. Yes, he did pay me back my seized refund during a 10 month period. However, I have contacted the IRS every single month to find out if there have been any changes, payments, POA for lawyers, or any activity on the balance owed. Due to the fact that I was assessed, the IRS can give me only that information, but that's all the information I need. I also asked for quarterly statements which finally sent me over the edge with this most recent statement.
Now the IRS Penalties & Interest have surpassed the amount of the tax liability & what used to be a $9,960 tax debt is now over $22K.
On July 1, 2011 (yes this year) I filed a motion to show cause because I thought that since he already purged this and plead guilty that the Magistrate would haul him back to court. Much to my surprise the Magistrate called me and told me to do the following: File a Motion to Dismiss Show Cause AND file a Motion To Impose Jail Sentence.
She also said it has to go before "real" judge at this point because she doesn't have the legal capacity as a Magistrate to sign a warrant for his arrest.
I am afraid that if I file the Motion to Dismiss that the court will view this as the "debt is settled" and then I am supposed to file a Motion To Impose Jail Sentence right behind the one I am dismissing. Why does the court ask you to file a Motion to Dismiss even though you are going to turn right around and ask them to Impose Jail?
If the judge signs this, does this mean that he will have a warrant out for his arrest or that the police will go directly to his house and arrest him? I have very deep scars and pain from this divorce yet, (yes I go to counseling weekly) I still have tons of compassion and concerns about my small child seeing daddy put in handcuffs at home and then taken away in a police car. My child has been through enough and I want to do this with some grace.
Can anyone please explain the first Motion to me and guide me to a website that shows examples of these types of Motions?[/B] I can and will file this on my own, and I am more than prepared to go before the judge with more than enough proof to show that he has NOT contacted the IRS.
This will be the first time that I have taken him this far in court for things in our divorce and I know for a fact that if a police officer shows up at his door that he will resist arrest. My son has seen such ugliness brought against me by my ex and his new wife and I am trying to minimize his exposure to this as well.
I am asking anyone who has experience with a Motion to Impose in NE Ohio whether or not they execute the warrant and go pick him up or if they send him a letter to inform him there is a warrant. Any suggestions on websites that show examples of the proper verbiage for both motions would be GREATLY appreciated. Once I get over that hurdle I am fine doing the rest of this pro-se for this day in court. Unfortunately, there are more days in court for other things and I will post in the proper forums.
The forms are always a nightmare and I don't want anything coming back to me in the mail because I didn't word the Motions correctly. I know how to do my affidavits, Instructions for Service as well as all the other forms that go with court filings. I would be grateful if someone could guide me to a small slice of heaven that has tons of examples from prior filings in every area of the court.
I can't get an attorney as this divorce and the harassment that has followed over the past 5 years have left me broke, I truly have to do this one on my own plus, it's a slam dunk once the judge sees the legwork I have done and the IRS documents I have amassed. He has nothing to deny at this point, so he has to face this one so I can get it off my credit.
Thank you for your responses. Please redirect me if I posted in the wrong section.
This is truly NOT my debt in any way & the IRS is not trying to "collect" it from me, they have me showing as "uncollectable" in their files because I showed them my divorce as well as the Articles Of Inc. for his company showing I have NO link to the IRS Employee Withholding Taxes that my ex failed to pay.
Fast forward to May 2010 - I took my ex to court because this judgment lien on my credit is an ugly blemish especially when I am starting a new career. The Judgment Entry dated on this day reads:
"Plaintiff (my ex) acknowledges that he is in contempt of the court's November 2007 Judgment Entry."
"Plaintiff is adjudged guilty of contempt of court and is sentenced to 15 days in jail, sentence is suspended provided Plaintiff purge the contempt by paying to Defendant back her IRS refund which was seized by the IRS. As a further purge condition, Plaintiff shall contact the IRS and make payment arrangements with the Agency so Defendant's future tax refund checks will not be intercepted. He shall show proof of this on or before July 1, 2010."
Due to how volatile our divorce has been, and for the sake of peace around our child, I didn't force my hand on July 1, 2010 when he failed to show proof of contacting the IRS. Yes, he did pay me back my seized refund during a 10 month period. However, I have contacted the IRS every single month to find out if there have been any changes, payments, POA for lawyers, or any activity on the balance owed. Due to the fact that I was assessed, the IRS can give me only that information, but that's all the information I need. I also asked for quarterly statements which finally sent me over the edge with this most recent statement.
Now the IRS Penalties & Interest have surpassed the amount of the tax liability & what used to be a $9,960 tax debt is now over $22K.
On July 1, 2011 (yes this year) I filed a motion to show cause because I thought that since he already purged this and plead guilty that the Magistrate would haul him back to court. Much to my surprise the Magistrate called me and told me to do the following: File a Motion to Dismiss Show Cause AND file a Motion To Impose Jail Sentence.
She also said it has to go before "real" judge at this point because she doesn't have the legal capacity as a Magistrate to sign a warrant for his arrest.
I am afraid that if I file the Motion to Dismiss that the court will view this as the "debt is settled" and then I am supposed to file a Motion To Impose Jail Sentence right behind the one I am dismissing. Why does the court ask you to file a Motion to Dismiss even though you are going to turn right around and ask them to Impose Jail?
If the judge signs this, does this mean that he will have a warrant out for his arrest or that the police will go directly to his house and arrest him? I have very deep scars and pain from this divorce yet, (yes I go to counseling weekly) I still have tons of compassion and concerns about my small child seeing daddy put in handcuffs at home and then taken away in a police car. My child has been through enough and I want to do this with some grace.
Can anyone please explain the first Motion to me and guide me to a website that shows examples of these types of Motions?[/B] I can and will file this on my own, and I am more than prepared to go before the judge with more than enough proof to show that he has NOT contacted the IRS.
This will be the first time that I have taken him this far in court for things in our divorce and I know for a fact that if a police officer shows up at his door that he will resist arrest. My son has seen such ugliness brought against me by my ex and his new wife and I am trying to minimize his exposure to this as well.
I am asking anyone who has experience with a Motion to Impose in NE Ohio whether or not they execute the warrant and go pick him up or if they send him a letter to inform him there is a warrant. Any suggestions on websites that show examples of the proper verbiage for both motions would be GREATLY appreciated. Once I get over that hurdle I am fine doing the rest of this pro-se for this day in court. Unfortunately, there are more days in court for other things and I will post in the proper forums.
The forms are always a nightmare and I don't want anything coming back to me in the mail because I didn't word the Motions correctly. I know how to do my affidavits, Instructions for Service as well as all the other forms that go with court filings. I would be grateful if someone could guide me to a small slice of heaven that has tons of examples from prior filings in every area of the court.
I can't get an attorney as this divorce and the harassment that has followed over the past 5 years have left me broke, I truly have to do this one on my own plus, it's a slam dunk once the judge sees the legwork I have done and the IRS documents I have amassed. He has nothing to deny at this point, so he has to face this one so I can get it off my credit.
Thank you for your responses. Please redirect me if I posted in the wrong section.