Legal Question in Family Law in Colorado

Re: Alimony payment interruption

The Separation Agreement should be reviewed to see if there are any controlling provisions regarding how any tax debts were to be allocated. Although I'm not sure whether this question would be answered under Florida or Colorado law, technically I would expect that such offsetting would be improper. This would be especially so if the ex-wife did not think she was liable for a portion of the debt. From a practical standpoint, though, a Judge may find it proper to offset the alimony amount. However, there are arguments that can be made that such offsetting is not proper, and depending on the size of the tax bill, it may be helpful for the ex-wife to consult with an attorney to determine whether she has any basis to contest what she owes on the tax bill, and to pursue possible remedies if the ex-husband continues to withhold large amounts from his alimony payments.

Sincerely,

Christine C. Nierenz

The Harris Law Firm, P.C.

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