Will verbal agreement hold up in NH court?

[bbe102379]

What is the name of your state (only U.S. law)? New Hampshire

My husband and I are going through the beginning process of petitioning a divorce. He had agreed to pay my rent, electric and car. The rent is through the same landlord as his which he has told our landlord. The electric bill he switched from my address to his new one so that the bill would be sent to him and the car is paid for already by his father. Now because I'm not "behaving" he has decided to tell me to take him to court and has stopped paying for anything. Now the problem is that he is a cheat on his taxes where his income tax came out to only like $14,000.00 last year when in reality he takes home atleast $400cash a day. The only reason he doesn't claim most of it is because alot of it is residential work where they pay in cash or personal check. The thing that I'm most worried about is the fact that he has agreed to pay those other things for me and when we go to court can he say he doesn't want to do that anymore or wont have to hold up his end of OUR agreement?? It is written down on the divorce petition papers like he said I could write the agreement only he has failed yet to get the papers notarized. Please help because I am worried for my children and I.

 

[Ohiogal]

Did you file taxes jointly?

Oh and if it is not signed then you do not have an agreement. You have a proposal. YOu need to be supporting yourself quite frankly. And if they are YOUR children and not your husband's children, then you need to support them as well. If they are your husband's children as well then they are not just "my children" but rather OUR children.

 

[mistoffolees]

What is the name of your state (only U.S. law)? New Hampshire

My husband and I are going through the beginning process of petitioning a divorce. He had agreed to pay my rent, electric and car. The rent is through the same landlord as his which he has told our landlord. The electric bill he switched from my address to his new one so that the bill would be sent to him and the car is paid for already by his father. Now because I'm not "behaving" he has decided to tell me to take him to court and has stopped paying for anything. Now the problem is that he is a cheat on his taxes where his income tax came out to only like $14,000.00 last year when in reality he takes home atleast $400cash a day. The only reason he doesn't claim most of it is because alot of it is residential work where they pay in cash or personal check. The thing that I'm most worried about is the fact that he has agreed to pay those other things for me and when we go to court can he say he doesn't want to do that anymore or wont have to hold up his end of OUR agreement?? It is written down on the divorce petition papers like he said I could write the agreement only he has failed yet to get the papers notarized. Please help because I am worried for my children and I.

You don't have an agreement.

What you need to do is go to court, file for divorce (if that step hasn't been completed) and ask the court for a temporary support order so that he has a legal obligation to pay whatever the court determines is fair.

Then, get a job so you can support yourself.

Finally, on the taxes, did you file jointly? If so, your husband didn't cheat on his taxes, you both did. You may be able to argue that you were an innocent spouse, but you signed a fraudulent tax form knowing it was false.

Be careful, though. If you turn him in, you risk destroying his ability to earn a living which could not only jeopardize his ability to pay your temporary support, but also cost you big time in the long run. Rather, I would file separately this year, or, if your attorney suggests a good reason to file jointly, make sure to the best of your ability that the information is correct before signing.

 

[LdiJ]

You don't have an agreement.

What you need to do is go to court, file for divorce (if that step hasn't been completed) and ask the court for a temporary support order so that he has a legal obligation to pay whatever the court determines is fair.

Then, get a job so you can support yourself.

Finally, on the taxes, did you file jointly? If so, your husband didn't cheat on his taxes, you both did. You may be able to argue that you were an innocent spouse, but you signed a fraudulent tax form knowing it was false.

Be careful, though. If you turn him in, you risk destroying his ability to earn a living which could not only jeopardize his ability to pay your temporary support, but also cost you big time in the long run. Rather, I would file separately this year, or, if your attorney suggests a good reason to file jointly, make sure to the best of your ability that the information is correct before signing.

She should NOT file a joint return with him ever again. I don't care what her attorney says. He is NOT going to report his income correctly, or even tell her the truth about what he is earning, so she cannot safely sign a joint return with him, EVER.

If he has the only income, then not only is he committing massive tax fraud, but he is committing massive EIC fraud as well. She cannot afford to be a party to that.

 

[mistoffolees]

She should NOT file a joint return with him ever again. I don't care what her attorney says. He is NOT going to report his income correctly, or even tell her the truth about what he is earning, so she cannot safely sign a joint return with him, EVER.

If he has the only income, then not only is he committing massive tax fraud, but he is committing massive EIC fraud as well. She cannot afford to be a party to that.

I'm sure that the odds are very slim that an attorney would OK it, but there are probably scenarios where it would make sense and she could be protected. Not bloody likely, but I would rather leave that decision to the attorney who knows her situation than give her a blanket instruction that a given course of action is always wrong.

 

[LdiJ]

I'm sure that the odds are very slim that an attorney would OK it, but there are probably scenarios where it would make sense and she could be protected. Not bloody likely, but I would rather leave that decision to the attorney who knows her situation than give her a blanket instruction that a given course of action is always wrong.

I understand, but I am a tax professional and I know that there is no possible scenario where she could be protected if she signs a joint return with him. Also, unfortunately, family law attorneys are notoriously uneducated about tax law and very very frequently give their clients advice that is completely wrong. I know this, because I am the one that ends of cleaning up the messes that get made.

Believe me, he is GOING to get audited. Its just a question of when. I just spent a week at the annual IRS seminars and schedule C filers are a big target right now.

 

[tuffbrk]

I know that there is no possible scenario where she could be protected if she signs a joint return with him. Also, unfortunately, family law attorneys are notoriously uneducated about tax law and very very frequently give their clients advice that is completely wrong.

Absolutely correct and on target!! It costs more filing married, separate but at least when your obligation is over, it's over!