Legal Question in Family Law in Texas
Email used for legal notification
I am being required to notify my ex that I have filed my income tax return. He travels a great deal, over 95% of the time. In the final decree it is ordered I sent him written notice I have filed. However, since he travels much of the time and take hip laptop with him I want to know if it is considered legal and valid notification by email instead of sending written notice. If he does not receive notice he can withhold alimony until he receives notice. Also, I am allowed to file an extension by law but there is nothing written about an extension in the final decree. Does this mean I may not file an extension, and if I do can he withhold alimoney? I have a "contractal alimony" agreement, not spousal support.
2 Answers from Attorneys
Re: Email used for legal notification
Interesting question. I obviously do not have a
copy of your decree so nothing can be stated with much
certainty. The concern is how to prove that you sent
the notification. If he admits in writing (signed by
him, not an email response because those can be made up)
receiving the email, you are OK, but otherwise you may
be not. I wonder why you are worrying about it. Certified
mail the notification with return receipt requested (it
costs $3.00 or so) and forget about it. Regarding an
extension, I would think that if he received notice of
the extension, you would be fine, but again I do not
have your decree or know what court you are in.
Re: Email used for legal notification
These questions would be better directed to your attorney who represented you in your divorce and drew up your decree. I don't know what the decree says, but as far as your notice, you should comply with the requirements of the decree. If you wish to send him an e-mail that should be supplementary and you should try to obtain a proof of delivery.
Your tax return question indicates that you are required to notify him of filing and an extension is "part" of filing i.e. requires some estimates of income and tax return, so this may be partial compliance with your tax reporting to your ex-spouse.