Denver, CO asked in Family Law and Divorce for Colorado

Q: If tax refunds are only discussed in mediation but the Final Orders states they are to be split evenly, how does it work

2021 taxes were discussed in mediation.

Final orders stated that any joint tax returns are to be divided evenly. She claims to have used the entire tax amount to pay for her lawyer and "take care of things" and says she owes me nothing. The amount is over 8k combined with the other money's owed.

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1 Lawyer Answer
Christopher N. Little
PREMIUM
Christopher N. Little
Answered
  • Centennial, CO
  • Licensed in Colorado

A: You ask an excellent question and I can completely understand that this is likely frustrating given the amount of time between mediation back in 2021 and now.

To answer your question, final orders are generally controlling. In a Colorado Domestic Relations matter concerning property allocation and taxes, what the Court says goes when the only competing comparison is a topic of discussion at mediation. If there were competing Court Orders, signed agreements (even oral agreements at times), an appeal, or other type of post-decree motion filed, etc. then you might have a circumstance where the Court Order could lose some weight but I am not hearing anything like that here.

You might have a contempt or an enforcement action on your hands. I highly suggest that you contact a qualified Colorado family law attorney to discuss your rights.

I sincerely wish you only the absolute best.

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