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.

Related Topics:
1 Lawyer Answer
Christopher N. Little
Christopher N. Little
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.