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Can I take my ex wife back to court for not honoring seperation agreement?

Denver, CO |

In seperation agreement she was to pay back taxes owed IRS by 1/31/13 she did not and now refuses. They are threatening to garnish my wages. In agreement we came to a cash settlement where I agreed to not go after maintenance. Her yearly income is 4X my income. Is it possible to go back to court since she isn't honoring her part of the seperation agreement and if so do I have rights to go after mauntenance?

Attorney Answers 2


You probably do not have any right to seek maintenance. If you waived maintenance when you were divorced that waiver is permanent and will not be reviewed by the Court.

As for the amount that should be paid to the IRS, you can have that amount reduced to judgment, garnish her wages, and then pay the IRS. Alternatively you can file for issuance of a contempt citation and ask the court to address her failure to follow the court orders.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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You may go back to court on a contempt citation for her failure to pay the taxes, or as my colleague states, you can get a judgment for what your ex was supposed to pay, garnish it from her wages, and use that to pay the debt.

Whether or not you can modify the order to get maintenance depends on whether you waived your right to receive maintenance forever, or whether you just were not granted maintenance at that time. You want to review your separation agreement if you have one, or the court's order if you did not reach an agreement. Generally, once maintenance is waived, it is gone forever.

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

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