Legal Question in Family Law in Maryland

breach of contract

Basicly my problem is my husband and myself signed a marital settlement agreement.Part of this agreement was that for this tax season we were to file a joint return and divide if 50/50 but now he dosen't want to.In fact now he dosen't want to abide by any part of the agreement he says that he was forced to try to get out of it.How could he do this all at once.My attorney has informed me not to worry because he can't get out of our agreement and that we will probally sue him but I guess that I am just looking for antoher opinon of some reassurance.


Asked on 1/20/05, 11:42 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: breach of contract

As your attorney told you, the agreement is enforceable in court if your husband violates it. With respect to the tax filing provision, if he refuses to cooperate and forces you to file separately, you might have to get a copy of his return, then have your tax preparer figure out how much additional tax you had to pay because of the separate filings. You could then take him to court over that amount.

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Answered on 1/26/05, 3:48 pm


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