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  1. #1
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    May 2009
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    Question Divorce Decree Questions

    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!


  2. #2
    Join Date
    May 2004
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    76,811
    Quote Originally Posted by vmedia View Post
    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!
    Your notion that the IRS seizing her refund does not count as her actually paying any money would get you slapped up the back of the head by a judge. Do NOT try to make that argument.

    Now, if you want to make the argument that you overpayments and her claiming the extra child should be a counter for the money that you owe her for the taxes, that is a reasonable and logical argument. So, you would need to ask her how much the IRS seized, and then show her the difference between the extra months of spousal support and what you specifically lost on your taxes because she claimed the child. If she agrees with your numbers, then the two of you can settle the matter. If she does not agree, then you may have to convince the judge.

    But seriously, do not make the very lame argument that the IRS seizing her refund does not count as her paying the money.


  3. #3
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    ANd it is certainly reasonable that you demand she file amended tax returns for last year and you file for one dependent and she execute whatever IRS forms are required .

    BE careful, your post is unclear , you best not withhold any CS payments required under the order...no matter what other financial disputes you may have .

    Frankly I would not address a future can of worms just yet ..and a lot depends on exact words of the order .


  4. #4
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    May 2004
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    Quote Originally Posted by HRZ View Post
    ANd it is certainly reasonable that you demand she file amended tax returns for last year and you file for one dependent and she execute whatever IRS forms are required .

    BE careful, your post is unclear , you best not withhold any CS payments required under the order...no matter what other financial disputes you may have .

    Frankly I would not address a future can of worms just yet ..and a lot depends on exact words of the order .
    I do not recommend the bolded in his case. Using it as an argument not to pay her everything he owes her is better in his particular scenario.


  5. #5
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    Jun 2017
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    You get no good guy brownie points for paying more cs than might be ordered if your circumstances changed and you revisited cs ...if your facts have changed revisit the math and petition for change if significant numbers are involved?


  6. #6
    Join Date
    May 2002
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    48,280
    Quote Originally Posted by vmedia View Post

    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.
    WRT CS, much depends on WHY you are paying more. Were you earning more when the order was set, and your income decreased? If so, why did your income decrease? If it is even remotely possible to be viewed as voluntary? A motion to modify will be fruitless.


  7. #7
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    You really need to speak with the attorney who handled the case for you since he/she is intimately familiar with it.


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