Legal Question in Family Law in Pennsylvania

Enforcement of illegal child support agreement

How can a family court enforce an illegal child support agreement?

My ex and I signed a support agreement that compelled me to report the child support I received as ''alimony'' for tax purposes only. I later was informed this was illegal according to the IRS as it allowed my ex a substantial and illegal tax deduction. Therefore, on my next tax return I claimed the child support as CHILD SUPPORT in accordance with IRS law - and not as 'ALIMONY'' as indicated in the child support agreement.

However, my ex still fraudulently claimed the child support he paid me as ''alimony'' on his tax return. The IRS noticed the discrepancies in our two tax returns and came after my ex for the fraudulent deduction he claimed as well as interest and penalty (over $13,000+)

This is where it gets interesting - my ex then took ME to took to reimburse HIM the $13,000+ he owed the IRS on the basis that I HAD VIOLATED OUR CHILD SUPPORT AGREEMENT !

I was unable to afford legal representation and was unable to provide a fair or even adequate defense and - unbelievably - the hearing office ordered me to reimburse my ex's entire tax fraud penalty and atty. fees !

The devastating consequences to me have been overwhelming.

Pls help, Patricia


Asked on 5/28/06, 10:42 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Enforcement of illegal child support agreement

A court cannot enforce an illegal agreement. However, the agreement may have categorized the payments as alimony and they may just be that. I offer free consultations.

Read more
Answered on 5/29/06, 7:04 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania