Kansas small claims question

[lfdfireman]

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

My now ex-wife and I owe taxes that were recalculated after an audit to 2009 and 2010 returns in the approximate amount of 3200.00. It was suggested to me by someone with the KS Dept of Revenue to pay the amount in full myself and then take her to small claims court for her half since we are both listed on the returns from those years. In Kansas, they go after whoever they can for the payment and don't care who is on it but that it gets paid and they will not divide the amount. Does anyone happen to have any input into this and whether or not this is a common topic for small claims court or would I be better served to not file a claim? Thanks very much.

 

[Antigone*]

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

My now ex-wife and I owe taxes that were recalculated after an audit to 2009 and 2010 returns in the approximate amount of 3200.00. It was suggested to me by someone with the KS Dept of Revenue to pay the amount in full myself and then take her to small claims court for her half since we are both listed on the returns from those years. In Kansas, they go after whoever they can for the payment and don't care who is on it but that it gets paid and they will not divide the amount. Does anyone happen to have any input into this and whether or not this is a common topic for small claims court or would I be better served to not file a claim? Thanks very much.

You are certainly within your rights to do that, you do have to pay the full amount first.

 

[lfdfireman]

You are certainly within your rights to do that, you do have to pay the full amount first.

I appreciate your input. I was hoping that my case for her to be responsible for her half would be confirmed. Actually getting her to pay and make good on the judgement is another deal, but at least if I can get the ruling I can have something to pursue. It's only $65 to file in small claims court here, so I suppose it is worth a shot.

 

[LdiJ]

I appreciate your input. I was hoping that my case for her to be responsible for her half would be confirmed. Actually getting her to pay and make good on the judgement is another deal, but at least if I can get the ruling I can have something to pursue. It's only $65 to file in small claims court here, so I suppose it is worth a shot.

That is one way to go, but the KS Department of Revenue is going to take your state tax refunds, and eventually attach your federal refunds until its paid. If you go on a fairly small payment plan, you could find that her half, or something approaching her half will get taken from her anyway, without you having to go the route of small claims court, getting a judgment against her, and then trying to collect on the judgment. Of course if she doesn't work that won't work, but if she does, it might be simpler. You could then always go the small claims route if you ended up getting the greater amount taken.

 

[latigo]

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

My now ex-wife and I owe taxes that were recalculated after an audit to 2009 and 2010 returns in the approximate amount of 3200.00. It was suggested to me by someone with the KS Dept of Revenue to pay the amount in full myself and then take her to small claims court for her half since we are both listed on the returns from those years. In Kansas, they go after whoever they can for the payment and don't care who is on it but that it gets paid and they will not divide the amount. Does anyone happen to have any input into this and whether or not this is a common topic for small claims court or would I be better served to not file a claim? Thanks very much.

It isn’t a question of whether or not it is a “topic” for small claims court. I'm confident that it is.

The real question is do you have a cause of action against the ex wife for contribution. And in my humble opinion you do.

(Paraphrasing from some analogous case law.)

The right of contribution is a principle of equity, which comes, about when one person discharges more than his ratable share of a jointly incurred obligation.

Which is a legal right unaffected by the nature of the joint obligation. So depending upon what came down in the divorce decree regarding marital debts, e. g., nothing mentioned about taxes, I would go for it in a small claims court.

You have nothing to lose but some time and the filing and service fees.

 

[lfdfireman]

It isn’t a question of whether or not it is a “topic” for small claims court. I'm confident that it is.

The real question is do you have a cause of action against the ex wife for contribution. And in my humble opinion you do.

(Paraphrasing from some analogous case law.)

The right of contribution is a principle of equity, which comes, about when one person discharges more than his ratable share of a jointly incurred obligation.

Which is a legal right unaffected by the nature of the joint obligation. So depending upon what came down in the divorce decree regarding marital debts, e. g., nothing mentioned about taxes, I would go for it in a small claims court.

You have nothing to lose but some time and the filing and service fees.

There was no mention of anything regarding taxes or anything in the original divorce decree. She had left the home and several months later I filed. She has of course a few months ago resurfaced and is challenging custody I was awarded as well as now wanting to have a child support order against her thrown out and I am sure will be attempting to go after some property such as household items as well. No mention of the tax situation though as it wasn't an issue at that time, it came about after the divorce was finalized but the tax years were during our marriage.

 

[latigo]

There was no mention of anything regarding taxes or anything in the original divorce decree. She had left the home and several months later I filed. She has of course a few months ago resurfaced and is challenging custody I was awarded as well as now wanting to have a child support order against her thrown out and I am sure will be attempting to go after some property such as household items as well. No mention of the tax situation though as it wasn't an issue at that time, it came about after the divorce was finalized but the tax years were during our marriage.

The divorce courts alway retain jurisdiction over custody and child support issues.

Meaning their orders in that regard are subject to future modification. But only upon a showing that there has been a material and permanent change in the circumstances of the affected parties that warrants modification.

PLUS, a finding that it would be in the best interests of the child or children to do so. Which is a heavy evidentiary burden to carry and would rest entirely with the mother.

BUT, the same court DOES NOT retain jurisdiction to revisit and modify the distribution of marital property. The divorce case could not be reopened for that purpose.

(There are exceptions, like intrinsic fraud (a litigant having intentionally deceived the court regarding a material issue) or a mutual mistake of the parties that omitted to declare substantial marital assets. But none seems evident from your posting.)

However, if she goes with her threats, I strongly suggest that you hire counsel.

Good luck

 

[lfdfireman]

The divorce courts alway retain jurisdiction over custody and child support issues.

Meaning their orders in that regard are subject to future modification. But only upon a showing that there has been a material and permanent change in the circumstances of the affected parties that warrants modification.

PLUS, a finding that it would be in the best interests of the child or children to do so. Which is a heavy evidentiary burden to carry and would rest entirely with the mother.

BUT, the same court DOES NOT retain jurisdiction to revisit and modify the distribution of marital property. The divorce case could not be reopened for that purpose.

(There are exceptions, like intrinsic fraud (a litigant having intentionally deceived the court regarding a material issue) or a mutual mistake of the parties that omitted to declare substantial marital assets. But none seems evident from your posting.)

However, if she goes with her threats, I strongly suggest that you hire counsel.

Good luck

I very much appreciate your input into the situation. I have counsel, my original attorney that handled the divorce initially. She has already filed motions to have custody taken from me at the primary residential custodian. This was granted to me in the original divorce. She had no contact with the kids for approximately 14-15 months before resurfacing back in May when her attorney filed these motions to have custody taken from me and given to her, to have the child support order that she is now 10 months delinquent on thrown out as well as to go back and try to get access to property etc. The tax issue of what is now owed to the state was never a point of discussion during any of the original divorce nor has it been thus far. I would like her to pay half of these taxes but she will not do this and she of course is just ignoring it totally thus to save my own credit and other potential legal issues am looking at paying the total and then taking her to small claims to recover her half.