Legal Question in Family Law in California
Hello. I had a MSA with my ex. Basically I agreed to pay credit cards (that are in her name), a tax bill we owed in 09 and an amount in cash. She only had to pay a loan she took while we were married and got to keep the car (I was making payment on) , there is still money owed on it.she refused to file taxes with me even though she didnt work the whole year and I ended up losing $10,000 in tax refunds plus paying $2000 back to IRS coz I had to file married separate. My circumstances have changed, I no longer work, and I can't afford to make payments. I was supposed to be paid off by december . Anything I can do to void this agreement? I have documentation to proof the money I lost due to her refusing to file taxes. Can I extend, modify or void this MSA based on change in my circumstances? There is no children and the marriage was for 1 year only so now spousal support ordered. the divorce was uncontested and we were self represented but the MSA was drafted by an attorney. what is worst case scenario that can happen if she takes me for contempt? is there Jail involved? Can I ask for an extension or void the whole thing?
1 Answer from Attorneys
Your question cannot be answered over the internet. An attorney would have to review the MSA and other facts in your case. The general rule is that you cannot be found in contempt for not paying the debts. Failure to pay spousal support could result in your being in contempt and face potential jail time.