kitteekatt62
Junior Member
What is the name of your state (only U.S. law)? mchigan
I married in 2004. We both worked. And both as independent contractors but on different jobs. He never brought any of his income home nor did he have anything that showed he even worked. So more or less, he worked for free. When I did taxes for 2004 I filed as joint. When I got the refund checks back for both federal and state they were not the amount that I knew they should have been. I got letters in the mail from both entities stating the reason(s) for the reduction in my checks. Federal was reduced because of a credit card balance that belonged to my husband that had gone to wage garnishment before I met him. State was reduced because of the 2000 and 2003 taxes that my husband owed, and something that I had not been made aware of. At this time I was going through moving, surgeries, and other things and the matter of the reduced refunds was set aside. My husband stated that he would pay me back for those amounts that my refunds had been reduced by. He put an IOU note in a box in his dresser drawer. Then for an auto loan that my husband was paying on I dicovered that the rate was very high and that I could refinance it at a lower rate thus lowering his payment each month. I then became owner to that loan and he never paid on it. Unfortunately I had to file bankruptcy several years into the loan. I reaffirmed the auto loan but through a miscommunication between my lawyer and myself I had let the monthly payments become late. After the bankruptcy was completed I handed the loan papers for the auto back to my husband and made him take care of the payment so that I could get back on my feet financially. After talking with the loan company he found out that he could pay off the auto in one lump sum that was less than the actual amount due. Which was done in May 2009. He had someone else pay off this debt. In December 2009 we were divorced. When I got info for the 2009 taxes I received a 1099 for settlement of debt. Thus putting the forgiven amount for this debt into my lap as income, which I now had to claim on my taxes. My now ex husband has control of the vehicle that the loan had been for. When I told him about the 1099 he said that he would pay me the amount that the statement said was now my income. So now, I have put together the paperwork for all of those items: the 2004 taxes and the 2009 taxes and gave copies of that paperwork to my now ex and reminded him that he said he would pay those amounts back to me and that I would like to have that accomplished in a set amount of time. Now he will have no communication with me on any matter and he said that if I needed to take him to court to get the money then I could do so. Now my question to you is this: with this information and the fact that he said he would pay those amounts back, and that I have the paperwork showing the amounts and reasons for the deductions and such, what are my legal rights in getting him to pay those amounts? Can I take him to small claims court for that? And what are the chances of me being successful in doing so? Thank You!
I married in 2004. We both worked. And both as independent contractors but on different jobs. He never brought any of his income home nor did he have anything that showed he even worked. So more or less, he worked for free. When I did taxes for 2004 I filed as joint. When I got the refund checks back for both federal and state they were not the amount that I knew they should have been. I got letters in the mail from both entities stating the reason(s) for the reduction in my checks. Federal was reduced because of a credit card balance that belonged to my husband that had gone to wage garnishment before I met him. State was reduced because of the 2000 and 2003 taxes that my husband owed, and something that I had not been made aware of. At this time I was going through moving, surgeries, and other things and the matter of the reduced refunds was set aside. My husband stated that he would pay me back for those amounts that my refunds had been reduced by. He put an IOU note in a box in his dresser drawer. Then for an auto loan that my husband was paying on I dicovered that the rate was very high and that I could refinance it at a lower rate thus lowering his payment each month. I then became owner to that loan and he never paid on it. Unfortunately I had to file bankruptcy several years into the loan. I reaffirmed the auto loan but through a miscommunication between my lawyer and myself I had let the monthly payments become late. After the bankruptcy was completed I handed the loan papers for the auto back to my husband and made him take care of the payment so that I could get back on my feet financially. After talking with the loan company he found out that he could pay off the auto in one lump sum that was less than the actual amount due. Which was done in May 2009. He had someone else pay off this debt. In December 2009 we were divorced. When I got info for the 2009 taxes I received a 1099 for settlement of debt. Thus putting the forgiven amount for this debt into my lap as income, which I now had to claim on my taxes. My now ex husband has control of the vehicle that the loan had been for. When I told him about the 1099 he said that he would pay me the amount that the statement said was now my income. So now, I have put together the paperwork for all of those items: the 2004 taxes and the 2009 taxes and gave copies of that paperwork to my now ex and reminded him that he said he would pay those amounts back to me and that I would like to have that accomplished in a set amount of time. Now he will have no communication with me on any matter and he said that if I needed to take him to court to get the money then I could do so. Now my question to you is this: with this information and the fact that he said he would pay those amounts back, and that I have the paperwork showing the amounts and reasons for the deductions and such, what are my legal rights in getting him to pay those amounts? Can I take him to small claims court for that? And what are the chances of me being successful in doing so? Thank You!