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Hi

New to the site and have a general question.

I was just served with a motion to show cause and a hearing date for 11/22/06. Two problems

1. I am scheduled to be out of town with family for the week of Thanksgiving and

2. I will be 33 weeks prego at that time as well.

My Doctor is prepping a letter to the court noting it is unhealthy for me to be in a stressful situation until well after my delivery.

This is regarding a matter that actually occurred almost two years ago and the outcome is not a pending matter. mny ex husband agreed to pay our IRS overpayment and he did in jan 05. Now that he is remarried he has just served me with a demand to pay half. I paid the State overpayment that we were just billed for as was our agreement. I would technically owe him about $1,000. Again I do not see this as an impending situation and just wondering ......

How do I request a change of court date.

Any suggestions, insights or answers are greatly appreciated.

Holly
CA

Please help

 

Just wanted to thank you one more time for all your sound advice.  I deeply appreciate it and want to let you know that I am taking it fully......I must be a least five 'cause I got it:)

I hope that others will benefit from from our discussion and my situation.

Thank you for saving me a lot of time and struggle on an avenue that I would have stubbornly pursued had I not been better informed.  

Thanks Again and
Take care

Holly

Thanks again for all your thoughts.  I did have an oppurtunity to pull out the divorce settlement and I wanted to addres a couple of your questions

1. Was your divorce filed and pending final judgment at the time that this tax assessment was signed?

The tax assesment was was signed 29 months after our divorce was final.

2. Was your divorce final when the tax assessment was actually paid?
The tax was paid in full by my ex 31 months after our divorce was final


3. Does your final judgment have any language which complete disposes of any property issues that are NOT expressly described in the judgment? I'm assuming that if the tax issue were expressly discussed, that you wouldn't be asking me questions, but if your judgment disposes of the issue, then the judgment is controlling.

My divorce agreement specifically states as
Section 5.05  Income Tax Notices


Each party shall immediately forward to other a copy of any tax deficiency notice or other correspondence or documentation received by the party by any Federal, ,State or local taxing agency relating to any joint or individual return filed by the other.  

A party shall reimburse the other for any and all damages and costs that may be reasonably incurred by the other as a result of a party's failure to abide by these terms indicated in this section.  Costs incurred would include attorney fees, costs, accountant fees, or additional interest and penalties.  

This is the only refererence to taxes in our agreement.



The only other mention of debt is in our Concluding Provisions

Release of Claims:  By this agreement , Husband and Wife intend to settle all rights and obligations betweem them, including all aspects of their marital rights and obligations.  Except as otherwise stated in this Agreementr, each of them releases the other from all liabilities, ebts and obligations of every kind whether previously or hereafter incurred.


1.)  Does the phrasing of these two sections give me anything to work with?

2.)  What can I do about the court date if he refuses to dismiss?  I am on a vacation and out of town that entire week with my kids for their break from school.  


Thanks again for all your insight!!!!!  It has been extremely valuable

Holly

Thank you for your response truly appreciated...

Clarifications to add:
We are both appearing in Pro Per as involving an attorney seems a bit unessary needless to say costly.  

My response declaration states.......... that we had a verbal agreement that he would take care of the federal taxes for our 2001 taxes.  My main concern at the time was that I wanted to have the audit reviewed by my acountant and had offered to pay for that.  My ex just wanted to pay it and get it over with.  He did pay in full on Jan 20 2005, the total was $5,385.  I signed the notice agreeing to the proposal and there was no attempt to review or request any type of abatement.  He told me he would just take care of it,  that he just wanted to get it done.  There were no letters nor documentation noting that he had changed his mind.

 In Sept of 2006, 21 months later we both recieved a 2001 CA tax proposal of change to total $$2,258.  Upon receipt I had decided to take it upon myself to simply pay for the total.  I felt that it would recipricate the gesture of my ex, make us even short about $1,000 and we would be done.  


Questions:

1.)  On principal:) regarding the verbal agreement, if he says and pays in full, with no indication of otherwise...No documentation, no e-mail no correspondence nor proof of, and one is silent for 22 months, does that not consistitute in any way a binding verbal agreement?

2)  I am out of town on our hearing date.  It is the day before Thanksgiving and we have family flying in for the holidays.  This had been planned for months.  If my ex won't agree to continue, can I submit anything to the court for that day stating that I have paid the state tax and prior to settling I would want to persue a review of our 2001 tax audit.  What forms or action would I take to accomplish this.  

3.)  If the court won't rule on a verbal agreement, then a review of our 2001 audit would be requested.  I will offer to pay for that and submit to the court the correspondence and ruling from the IRS.  If we are entitled to any refund, my ex would be the one to receive as he is the primary social on the taxes.  If we are entitled to any portion of the refund then it would be sent to him and we can review the new total.  What form would I fill out for this?


4.) These are the three points I had hoped to cover.  Please let me know if I have anything here esp with the verbal agreement.  Skip it completely or to persue is reasonable?


Your suggestions and thoughts have helped tremendously in thinking about this as rationally as possible.  

Thank you so much for your insight and time

Holly

Hi

New to the site and have a general question.

I was just served with a motion to show cause and a hearing date for 11/22/06. Two problems

1. I am scheduled to be out of town with family for the week of Thanksgiving and

2. I will be 33 weeks prego at that time as well.

My Doctor is prepping a letter to the court noting it is unhealthy for me to be in a stressful situation until well after my delivery.

This is regarding a matter that actually occurred almost two years ago and the outcome is not a pending matter. My ex husband agreed to pay our IRS overpayment and he did in jan 05. Now that he is remarried he has just served me with a demand to pay half. I paid the State overpayment that we were just billed for as was our agreement. I would technically owe him about $1,000. Again I do not see this as an impending situation and just wondering ......

How do I request a change of court date.

Any suggestions, insights or answers are greatly appreciated.

Holly
State of California

Please help

 

Thank you... I just saw that and copied it there.

Thanks for the heads up
Holly

Hi

New to the site and have a general question.

I was just served with a motion to show cause and a hearing date for 11/22/06.  Two problems

 1.  I am scheduled to be out of town with family for the week of Thanksgiving and

2. I will be 33 weeks prego at that time as well.  

My Doctor is prepping a letter to the court noting it is unhealthy for me  to be in a stressful situation until well after my delivery.  

This is regarding a matter that actually occurred almost two years ago and the outcome is not a pending matter.  mny ex husband agreed to pay our IRS overpayment and he did in jan 05.  Now that he is remarried he has just served me with a demand to pay half.  I paid the State overpayment that we were just billed for as was our agreement.  I would technically owe him about $1,000.  Again I do not see this as an impending situation and just wondering ......

How do I request a change of court date.  

Any suggestions, insights or answers are greatly appreciated.  

Holly
CA

Please help