Full question:
I am separated from husband. He asked me to file my taxes with him and I agreed, but he filed and claimed our two children. Now, I cannot claim either of them. He is supposed to claim one and I claim the other. I asked him to give me the tax money he got for one of the children and keep the money for the other one, but he would not agree. Can he do that and get away with it?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Maryland
Answer:
The outcome depends on whether you have a separation agreement that is filed with the court. If the agreement is intended to be incorporated but not merged into the divorce decree, it remains a separate, enforceable contract. The court may modify the terms in the final divorce order if it is not merged. If there is no breach of contract, the court might consider the tax payment when dividing assets and debts in the divorce.
Contracts are legally binding agreements that create obligations for the parties involved. An oral contract, made through spoken words, can be enforced but is harder to prove than a written contract. Generally, a written contract allows for a longer time to sue for breach than an oral one. Contract law varies by state, and remedies for breach include money damages, restitution, rescission, reformation, and specific performance.
Money damages compensate for financial losses caused by a breach. Restitution aims to return the injured party to their original position before the contract. Rescission terminates both parties' obligations, while reformation allows courts to modify contracts to correct inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
Promissory estoppel may apply if one party relies on the other's promise, leading to unfairness if not enforced. Detrimental reliance occurs when a party suffers harm due to reasonable reliance on a promise. Courts assess reliance on a case-by-case basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.