didn't honor divorce decree

[VeeGee]

What is the name of your state? NY

What happens if one spouse doesn't honor what is written on the divorce papers. Like...being responsible for paying any debts, mortgage payments, or paying taxes on alimony? Thanx in advance for any help here.

 

[nowpastdue]

I am NOT an attorney.

Which party are you, the one ordered to make the payments or the other?

 

[VeeGee]

I am the other....my ex didn't honor the divorce decree

 

[nowpastdue]

I am NOT an attorney.

On the practical side:

A. The debts and mortgage don't get paid. The mortgage company will eventually foreclose on the property. The utilities may be shut off if the law in your state allows. The collectors and attorneys will be calling whatever phone number they have, probably yours. Anyone's name on any and all of these accounts will after a point have their credit record damaged. Anyone's name on these accounts may be sued.

I am not sure what you mean by "paying taxes on alimony"? You are the one responsible for reporting alimony as income, the paying party gets a deduction for it. I have never heard of a court ordering someone to pay taxes on alimony and even if they did the paid taxes would be income to the receiving party, you'd just be in an upward spiral.


Which is why:

On the legal side:

Your attorney, if made aware of such inaction by your ex , will hall the offending party back into court.

A divorce decree is an order of the court but it is up to you to report non-compliance and push for action.

 

[VeeGee]

I'm sorry I didn't explain. When we got divorced ( I had full custody of the children ) and legally I would be able to claim the kids. But we agreed that he would be able to claim the children on his taxes, and in return...he was responsible to pay the taxes on the alimony. Also, be responsible for first and second mortgage. He never did pay the taxes...and each year I was taxed $900 from the top of said alimony taxes. I never pursued it because he was being a good dad to the children...and knew if I took him to court for the taxes, he would stop seeing the kids. So I let it go for all these yrs. now the kids are grown, he stopped paying child support. What can I legally do about the taxes he never paid?

 

[nowpastdue]

I am NOT an attorney.

#1 Your agreement was it writing or verbal?

#2 If your x paid alimony of, for example,
$1,000 per month then you would have to report alimony income of $12,000 and he would be able to claim $12,000 deduction. If he paid $900 taxes by giving you the money to pay the taxes then your income would have been $12,900 and his deduction $12,900. That is what I meant by upward spiral. What you should have done is make sure that the alimony amount received, if that was your only income, was sufficient to pay the income taxes in addition. If it was not your only income, then a proportional share of your total income.

#3 You might possibly consider a suit for the $900 per year that is not outlawed by statute of limitations in your state. The you would pay taxes on whatever you received as income.

From your posting it appears that you
basically forgave the $900 per year, not perhaps in a legal sense, but on emotional grounds.

" I never pursued it because he was being a good dad to the children ". IMO you might consider leaving it with that thought.

 

[VeeGee]

I see what your saying...and ty so much for your advice. I just wanted to know for my own sake. After reading many posts on similar issues...I have decided to let sleeping dogs lie, so to speak lol. What's done is done. The most important thing here is...my kids grew up with their dad in their life and to me there is no price you could put on that. Thanx again