What is the name of your state (only U.S. law)? Ohio
First - sorry if this is posted under the wrong topic. I couldn't find an appropriate one and chose this as it's related to the termination of my spousal support payments to my ex.
I fulfilled my obligations to her with regard to the agreed upon spousal support. I actually overpaid her - as in the divorce decree she had agreed to fewer months and the original term was crossed out by the lawyers and initialed in court by both parties. Surprise! Ohio just ignored our hand-written agreement and went with the original term (54 months vs 43 months).
I am still paying child support x2 and actually pay at a scale for someone earning more money than my current salary. I have not asked for a reduction nor do I intend to do so.
My question is this - I agreed in the decree that I would repay my ex for taxes paid by her to the IRS during the last year of our marriage. This is allegedly several thousand dollars - however - no specific dollar amount was ever noted. I was never provided any documentation of any payments made by her. Later, I surmised that this 'payment' to the IRS was actually the forfeiture of her tax refund in order to cover a prior year's tax debts. As far as I can tell, she expected a large refund check due to child/mortgage deductions etc - then was surprised that the refund was seized and applied to cover our joint back-taxes.
As info - I was under payment arrangements with the IRS and have since paid them fully. However, some of that tax burden was reduced due to her seized funds!
I'm wondering about my obligation to pay her this supposed debt in the future? I understand that it is in the decree and I am obligated but there was never a figure noted. It just states that I agree to repay her payments. I'm of the mindset that she didn't actually make any payments and is asking to be made whole for a lost refund based on deductions.
Additionally, we agreed in the decree that we would share the child deductions - each getting to take 1 of the 2 children. Last year she took both and stated that it was just an oversight. Obviously that has some value.
I'm not planning on making any payments until she can prove that she actually paid something... but I'm curious what actions she could take and how I might prepare myself in order to reduce my liability. I'm thinking that she would have to go back to court to press the issue that I am in contempt with regard to the supposed debt - but I could counter that she is also in contempt. I would also argue that my overpayments and her use of the extra child deduction would seem to make her whole...
Not sure if I've made myself clear... I'd rather not muddy the waters with details as I feel as though I'm leaving out too much info but also adding so much it's becoming confusing!
Thanks for listening!