Am I liable for my deceased husbands back child support and taxes owed from bankruptcy?

by Sandra
(Baltimore, MD)

I'm from the state of MD. My husband, who I was married to for 4 years, died unexpectedly. My husband has been paying on back child support and paying the IRS for a bankruptcy - both ocurring before we got married. All our assets are in my name only, since I owned them prior to us getting married. (he also did not want anything put in his name to help protect me.) My house and cars are in my name, and we had no credit cards. In addition, although I have a will and life insurance policy, he did not have either one of them. (I am finding this out now.) I want to confirm that I should not have to pay off his back child support nor his IRS taxes owed due to his bankruptcy. (in fact, our 2011 taxes were filed separate, as well.) thank you in advance, Sandy

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Apr 14, 2015
Husband died owing child support. Am I liable for it?
by: Anonymous

If you live in a community property state, your spouse's ex can go after his share of the community property the two of you may have acquired during your marriage, but not your share.

If you live in a separate property state, the ex can try to collect the back support by filing a claim against the property that was in your husband's name.

His ex cannot go after any money you may be awarded in your lawsuit.

For more information, we advise that you speak to a family law attorney in your area.


Feb 13, 2013
irs took my taxes for deceased husband child support
by: Anonymous

my husband passed away in january. we were married 6 months but had to file taxes jointly due to his medical bills i was paying. can the irs take my taxes. i was the only one with income?

Reply from

We're so sorry to hear about your husband's death. However, we are are not tax experts. We suggest you consult with a tax professional to find out what your responsibilities are.

Jun 06, 2012
Am I liable for my deceased husbands back child support and taxes owed from bankruptcy?

So sorry about the loss of your husband, Sandy. My condolences.

As for the unpaid child support and taxes that your husband owed at the time of his death, you are not obligated to pay them. They are your husband's debts only because he incurred them before your marriage. Therefore, they have nothing to do with you. The only debts you are obligated to pay are any debts that the two of you may have incurred jointly during your marriage.

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