Legal Question in Family Law in California
In Feb.2008 I filed for divorce and moved out. During that year I got money fairly regularly from my husband. The divorce was final dec. 2008. When I filed my 2008 taxes I was told I did not need to claim the monies as we where still married at the time and there was not court order.
today my ex is trying to sue me for the taxes he owes because he wrote off the money he gave me in 2008.
who is correct?
1 Answer from Attorneys
It is more complicated than "who is correct." It was a significant mistake not to address the tax consequences of the money he paid you in the final divorce judgment. Normally the tax treatment of year-of-divorce income is carefully spelled out in the marital settlement agreement and/or judgment. When it is omitted, it is often possible to re-litigate the issue. On the other hand this is rather late to be litigating 2008 tax issues. You really need to go see a family law attorney in person.
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