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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5717
Experience:  20 years of professional experience
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I went through a divorce 4 years ago - no assets were

Customer Question

I went through a divorce 4 years ago - no assets were accumulated to be divided - only debt- I had a failed business and was audited and ended up with a $136,000 Wa State tax bill - I entered into a payment agreement 10-18-13 with tax agent - that debt was allowed to me in divorce - long and short - I was working on commission only and was not able to pay the debt - the agent told me that the case was marked un collectable - I never heard from them again - last night I received a notice of motion from my ex-husband stating I owed him $23,000 as he settled the claim with Wa State last June for $10,000 and he incurred $10000.00 in legal fees and anticipates another $2500 in legal fees for this motion. My question - he never ever told me they went to him to collect the debt- and never said anything for the past year - all of a sudden he filed this action and wants to not pay my support for this year. Can he do this?
Side note - we had signed a document stating that neither party could change any of the support or other agreed things for the 5 years of spousal support.
Submitted: 3 days ago.
Category: Family Law
Expert:  Maverick replied 3 days ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 3 days ago.

Even though the tax debt was allocated to you in the divorce, that divorce decree does not bind third parties such as the State. Since the State came after your ex for the tax debt, it appears that the two of you were jointly and severally liable. Under those circumstances, you ex [by virtue of the divorce decree] appears to have a right of indemnity to collect what he paid out from you.

As far as changing the support, it appears that he is not so much asking to change the support amount; but rather an offset for his losses on the tax issue.

I know this is not the answer you wanted to hear, but I am assuming that you are paying for a professional and honest answer.

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