Legal Question in Family Law in New Jersey
Can anything be done after the final judgment of divorce
Final Judgment of Divorce
I, Karen--name removed-- agreed to pay one-half of ex-husbands IRS tax obligation of $18,183.00 or $9,092.00 plus any penalty and interests accrued on said sum from October 8, 2002 into the future by way of wage garnishment. My ex-husband stated in court that this tax bill was from 1998 and 1999 when we were together. Although, he was out of the house by Nov of 1999 that is irrelevant. We filed separate tax returns from 1997 to 2002. There is no year that I should be obligated to pay any part of his tax bill.
My lawyer advised me to agree to the pay this amount. This was poor advice and not based upon a fair assessment of the circumstances. My lawyer suggested that I may be assessed to pay more than that amount. This suggestion is not based on our marital circumstances. At this point, what can I do?
2 Answers from Attorneys
Re: Can anything be done after the final judgment of divorce
Today, in Middlesex County, a divorce that was entered about three years ago was reversed and deemed null as ther result of a Summary Judgment motion. In some cases, such as the case just referenced, there is no statute of limitations. For others of the Rule 4:50-1 (a)-(c) variety, you've got one year from the date of the judgement to make your application for relief from that judgment. The one-year delimited categories include mistake, inadvertence, surprise, excusable neglect, newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial, fraud, misrepresentation, or other misconduct of an adverse party.
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Regards, CJR
Re: Can anything be done after the final judgment of divorce
I do not know that there is anything you can do, however, in order to provide any type of legitimate legal advice, I would first need to review the language of the Agreement that you entered into with your former husband and review the facts and circumstances surrounding it. YOu may be able to file an application with the Court, but it very much depends upon the circumstances. I would suggest you have a full consultation with an attorney. I would be happy to review your Agreement and meet with you. I charge an hourly rate of $250.00 and $300.00 for a consultation, which generally takes about 1-2 hours for something like this. If you would like to schedule a consultation, please contact my secretary, Debbie, at 856-795-6700.