Breach of contract?


#1

Good Morning!!

We executed our seperation agreement in June, 2010 in which she bought me out of our business and is to pay the balance of past due federal taxes. There is a promissary note on the “buy out” with equal payments for a period of time, which she has complied with so far. My 2010 federal tax return was garnered by the IRS in March 2011, and applied to the past due amount. She is aware of this, as well as the amount I was due and agreed to pay me my refund by 4-4-2011. Our divorce was finalized 4-5-2011 and I am now thinking that she may try to file an admendment to stop payments of any sort to me. Is this possible and should I file something to her “before” she marries her paramore. Although I don’t have intentions of pursuing AOA, (time and money versus outcome) there is enough evidence to prove to me and others that there was an affair between them.

Should I ask the court for a lien against her property to enforce compliance of “all” payment and monies due to me? What forms should I use?

Thank you for your help!!


#2

She cannot file an amendment, the agreement can only be changed by a new, mutually agreed upon property settlement.


#3

Thank you for the quick reply!

Since she has now had 9 months to pay the past due taxes, and didn’t, would she be considered to be in “Breach of Contract” and how would I file a claim against her for payment in full of “All monies owed”? She bought a new modular home as well as having her name added to the deed with her paramore, in September of 2010. I have a copy of the deed which added her to it. Can I use the deed and have a lien added to it for enforcement of payments? The paramore already had the deed from an inheritance, and simply added her to it.

Thank you again for your help.


#4

If she is late on her obligation to pay the taxes you can sue only on that issue, and may not sue for issues that are not yet “ripe”. Breach of one provision does not act like an advancement clause on all issues in the agreement. Only the court, not you can order a judgment lien on property.


#5

I would prefer to collect from her without having to go to court, but in case I can’t, Can I use the self help from Rosen for the forms needed to file my claim? If I do use an attorney, can I recover reasonable fees incured in doing so?


#6

If she is in breach of contract you may file suit on your own. Our DIY service does have sample complaints which you can use as a template. If you are successful in your suit you may recover attorney’s fees and costs if your agreement states the prevailing party is so entitled.