Legal Question in Family Law in Maryland
Changing Separation Agreement 3 days before going to court
My husband has agreed to pay me a monthly fee to cover his share of the rent for the next year. I just learned that this will be considered alimony and I will be taxed on it. How can I change the separation agreement to remove the ''alimony'' when we have to go to the judge in 3 days? Also, can I ask the judge to force him to file a joint tax return for 2006?
1 Answer from Attorneys
Re: Changing Separation Agreement 3 days before going to court
If you and your husband signed an agreement denominating his payment to you as alimony, he would have to agree to change it. He probably won't want to do this without some other consideration, since as alimony the payment is a tax deduction for him. That's also probably why he doesn't want to file a joint tax return. And if your agreement doesn't require the filing of joint returns, the judge can't force him to do it.
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