Legal Question in Family Law in Washington

Tax Returns
I was divorced in 2003. Our decree stated that we must share the proceeds or liability from any tax return for the year 2002. This was agreed to and written with the understanding that a Married - Filing Joint return was to be filed in order to attain the best outcome for both parties. Later, my ex-husband and I agreed (outside of court) to file Married - Filing Separate returns. We both did this. I thought this was a good idea as it would enable us to each be responsible for our own income and liabilities. The end result:--name removed--had to pay, and I received a refund. Now,--name removed--expects me to pay part of his tax liability. Do I have any obligations under the original agreement when a new agreement has been reached? Both parties took action under the new agreement, and now--name removed--doesn't like the outcome. Please advise.

Asked on 10/23/07, 8:15 pm

Elizabeth Powell ELizabeth Powell PS Inc

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Re: Tax Returns

An oral agreement cannot be used as evidence of an agreement that does not comport with a written agreement.

When you said, "Oh, let's file married filing separate" did either of you memorizalize this decision in writing? Even your returns could be evidence.

You need to review your decree carefully with counsel and let that person advise you based on the record and the evidence you have.

Best of luck with this - Elizabeth Powell

Answered on 10/23/07, 8:51 pm

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