Legal Question in Family Law in North Carolina

My ex and I were seperated in 2007 and have a sep agrmt through a lawyer in NC. It states that "the dependency exemptions and dependent child tax credits allowed by the IRS and State Dept of Revenue shall be claimed by husband, and wife shall sign such documents as may be necessary to permit this upon request of husband. It has been 4years, but now he wants me to sign papers as the IRS has come after him for repayment as we both claim the kids. I have called the IRS and they said that since he has not requested for me to sign anything to permit this, he is liable for repaying the IRS, not me. But he says his attorney said that I am in breach of contract and can be sued? How can I when the seperation agreement clearly states that I have to sign documents to permit him to claim said taxes and I have not? And now he wants me to sign an 8332 for last years(11) taxes. IRS said if he didn't have me sign anything prior to filing last year, he is basically sol......so who is at fault? Do I have to sign from a previous year? Who has to repay the IRS? And am I in breach of contract?


Asked on 1/16/13, 11:27 am

1 Answer from Attorneys

The separation agreement should be sufficient for your husband to claim the children he should not need anything further from you. It appears you did not read the separation agreement carefully. The separation agreement does NOT clearly state that you have to sign documents - it says and these are your words 'sign such documents as may be necessary'. The very clear meaning of those English words is that you 'MIGHT' be required to sign documents. So you should never have claimed the children when you agreed to allow your husband to claim them. Also, since he is requesting that you sign documents now - my reading of the separation agreement you provided indicates that you are required to do so and your failure to do so may very well be a breach of contract and you could be sued. Also keep in mind that if your separation agreement was incorporated into your divorce, it is no longer a contract but would then be a court order. If that is the case, you could be forced to show cause for violating a court order which comes with a whole host of possible nasty consequenses for you that mere breach of contract would not have.

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Answered on 1/16/13, 11:47 am


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