- 3 -
SECTION NINE
PAYMENT OF JOINT DEBTS BY HUSBAND AND WIFE
All existing [debts] of the husband and wife shall
remain the joint obligations of the husband and wife.
The major joint debts of the parties are past due
income taxes, both federal and state. These
obligations, by operation of law, are joint obligations
and such obligations cannot be changed from being joint
obligations by the parties. Currently, the wife is
paying New York State for past income taxes and the
husband is making payments under a Chapter 13 plan and
the Federal taxes are the priority creditor. Both the
husband and wife recognize that it is in their best
interest to pay all such taxes as quickly as possible.
The husband and wife agree to use their best efforts to
pay such taxes and to continue to make payments as set
forth above. Should either party become unable to pay,
the other party shall be, as a matter of law, required
to pay all remaining unpaid taxes. However, any
payments made by one of the parties, either voluntarily
or involuntarily, shall not be reimbursed by the other
party.
* * * * * * *
SECTION EIGHTEEN
INCOME TAX RETURNS
The parties agree that commencing with the tax
year 1995 (due April 15, 1996), either party may file
separately unless both parties mutually agree to file
jointly. The parties agree that the husband and wife
shall remain jointly responsible without contribution
from the other to pay any deficiency in income taxes,
federal and state, relating to the marital income of
the parties for earlier years. Husband and wife shall
also remain jointly liable to pay any penalty or
interest arising from such income tax liability.
On December 29, 1995, a final judgment of divorce was
entered and filed by the Supreme Court of New York (County of
Schoharie). The Maiers’ marriage was terminated pursuant to the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011