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Admendment For A Finalized Divorce Decree

Discuss the legalities of Bankruptcy Law

Admendment For A Finalized Divorce Decree

Postby chazaiah » Wed Nov 09, 2016 11:32 pm

back on February 1,08 we went to mediation at the time we agreed on me getting the house and refinancing within 120 days and paying him $14K.

In the mist of the refin I found out about past due property taxes that were due from prior years when we were married and living together. These taxes we had no knowledge of due to bankruptcy once BK was dismissed they became public and were sold. This lingo is directly from the city as to when i was researching the taxes.

I feel he is half liable these taxes as am I. Which is better and is a judge likely to make him split the debt which is roughly $4500.00

1)Is it better to pay him 14K and go to court to get half of the taxes back

2) go back to court and not pay him nothing till a judge decides.

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Joined: Wed May 22, 2013 11:05 am

Admendment For A Finalized Divorce Decree

Postby aod » Sat Nov 12, 2016 6:29 am

Hi Andrea, I would recommend that you make he 14K payment less 1/2 of the outstanding tax payment and initially see in you and your Former Husband can agree that he is responsible for 1/2 of the payment. If you can agree then a Agreed Order should be drafted and submitted to the court for incorporation into the final judgment. If you cannot agree then you will need to file a Motion  for Relief from Judgment. The following is the Florida Rule of Civil Procedure that controls the relief from judgment you will be seeking. RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein

arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of

any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be

so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending

may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and

upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment,

decree, order, or proceeding for the following reasons:(1) mistake, inadvertence, surprise, or excusable neglect;(2)

newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or

rehearing;(3) fraud(whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct

of an adverse party;(4) that the judgment or decree is void; or(5) that the judgment or decree has been satisfied,

released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated,

or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed

within a reasonable time, and for reasons(1),(2), and(3) not more than 1 year after the judgment, decree, order, or

proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree

or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a

party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

The question you will face if you are required to file for relief is would the the tax delinquency been known if you had used due diligence when conducting discovery. If you and your Husband filed sworn financial affidavits and neither of you listed the tax delinquency as a debt then it would be my opinion that the court should grant you relief from that portion of the judgment addressing the equitable payment to your Former Husband for the home. I hope this information was helpful to you.

This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.


Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951  
Posts: 46
Joined: Mon Jun 17, 2013 11:13 am

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