Submitted by Cindy80 on Mon, 06/14/2010 - 09:42
I guess I know the answer to this already, but for tax reasons my soon to be ex-husband says he would rather have part of his child-support payments on an 'unofficial' basis, or outside of our divorce agreement. He says I can always bring him back to court if he doesn't keep up his part of the deal. Not that I trust him completely, but if I can enforce it, I might try to help him out. I want to keep things amicable but this sounds like a bad idea. Right?
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Editor's Response
Yes, but the term 'bad idea' is a bit of an understatement. It sounds like you and your husband are doing this on your own without attorneys. At the end of the process, you and your husband will sign a divorce agreement, which will form the basis for the court's order granting your divorce. Typically, this agreement will have some boilerplate language that says the written agreement is the whole enchilada, and that any oral agreements are not enforceable. So, I'm not sure what kind of 'tax reasons' you husband may have for requesting this side agreement, but you should say no. I understand your desire to keep things amicalbe, but that goal must take a back seat to you primary objective of doing what is best for you and the kids. If, after you say no, things go south, contact a MA divorce attorney who can can help you out with a more complicated contested divorce. Good luck.
Side-Deal outside of MA Divorce Agreement
The Editor is absolutely correct in his assessment. I would add that as child support is not a taxable event (the payor cannot deduct it and it is not income to the receiver)it does not sound like your husband is being straight with you on this issue. I would concur with the Editor's advice to say no. If you're interested in more advice on obtaining a divorce, please see my website at berid-schutzbank.com and good luck.
Eric Schutzbank, Esquire
The above statement does not constitute legal advice nor does it constitute an attorney-client relationship. It is for informational purposes only.