Legal Question in Family Law in California

If a woman signs a notorized letter agreeing not to ask for spousal support from her estranged husband of 29 years, IF he agrees to negotiate with the IRS to pay for their joint federal and state back taxes owed for 6 years due to an immigration issue, is it legally valid and binding in Contra Costa County in the State of California once the husband agrees to make payments to the IRS? In order for this notorized letter to be accepted by the judge in a non contested divorce, is there any other requirement for filing the notorized letter in advance? Woman involved makes half the yearly income of husband, but is more than willing, since she left the marriage, to forfeit spousal support in order to have the past taxes paid by the husband. Three grown, independent adult children over the age of 18 years resulted from the marriage. The only property involved is the automobiles which are already divided by the husband and wife as well as personal property. Please answer as soon as possible, URGENT IN NATURE DUE TO IRS INVOLVEMENT! THANK You.


Asked on 1/04/16, 4:46 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If the parties are not independently represented by counsel in entering into this agreement, the family law court would justifiably be extremely hostile to the termination of a spousal support right after a 29 year marriage. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 1/06/16, 6:42 am


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