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LisaJL

Money for taxes not used Calif

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After 30 years, I was divorced in 2011. Our settlement stated my ex would pay me $2500(same day we signed) for half our Pension Profit Sharing) and I would pay him $800 (same day) for early W/D and penalties he might pay for taxes due to his going into Profit Sharing account

It's 2013. He refuses to show me where $800 went. The Pension Plan was not used to pay me my $2500. (He liquidated it after I filed for divorce in 2008). He refuses to show me his personal taxes proving my $800 was went for taxes he owed.

I told him he owed me $800. He refuses to pay.

Should I go to small claims court? Can I claim it as taxes paid on my taxes?

We are both in our 60's.

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He refuses to show me his personal taxes proving my $800 was went for taxes he owed.

I told him he owed me $800. He refuses to pay.

He's not obligated to show you that he used the $800 for his taxes. You were ordered to pay him $800 you evidently paid him, meeting your obligation. How he handles his separate taxes is his business and not your concern. If he didn't pay his taxes, the IRS and/or state will come after him for that. He doesn't owe you back the $800 in any event.

If he didn't pay you the $2,500, then you'd go after him for that. If you got the $2,500 that you were entitled to get, then it doesn't really matter whether he liquidated the profit sharing plan to pay you or whether he got it from some other source. In the end, you were ordered to pay him $800 and he was ordered to pay you $2,500. If that's what happened, then I see nothing for either of you to go after at this point.

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He refuses to show me his personal taxes proving my $800 was went for taxes he owed.

Why would he show you anything?

I told him he owed me $800.

How do you figure?

Can I claim it as taxes paid on my taxes?

The $800 you paid your ex as part of your divorce settlement? Of course not.

Should I go to small claims court?

For what?

While I obviously haven't read your divorce settlement agreement, it appears that he agreed to pay you $2,500 and you agreed to pay him $800. Why didn't simply agree to have him pay you $1,700 is beyond me, but it's not important. It also sounds like you may have made this agreement based on certain presumptions -- e.g., that your ex would have to obtain the money paid to you from a certain source that would result in him incurring some sort of tax liability. It also sounds like that presumption ended up being not true -- i.e., that he was able to get the money to pay you from another source. That the presumption turned out not to be true does not mean he has to pay you back the $800 unless that's what your settlement agreement says. Does it say anything of that sort? Unless it does, then it's time for you to drop this and move on with your life.

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