Can I contest a Marriage Settlement Agreement? 3 Answers as of May 03, 2011

I signed a Marriage Settlement Agreement 6 weeks ago with my wife where we both waived any interest or liability to the other regarding bank accounts, tax benefits/liabilities, etc. She filed her tax return (married filing separately) and I filed mine with the information her tax preparer gave me. Now her tax preparer has informed me that he gave me the wrong income allocations and that we are to split our wages. (she earns much more than I do) This will have me paying $4,000 rather than receiving $1,500. Our agreement would have been handled differently if I knew I would be responsible for taxes she owed. Does the agreement keep me from her tax liability? Can I contest the agreement? The divorce petition is only 3 weeks old, if I contest it, can I change the terms of the agreement. She filed her taxes before we signed the agreement. At that time, the terms of the agreement seemed fair, but that tax liability certainly would have changed the terms had I known about it. I question whether this 'error' was intentional. I just need to know if any of this makes the settlement agreement void or changeable? I had not planned to contest the divorce but I will if its necessary.

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If the agreement has not been entered as a Judgment yet, there is a process by which you may void the agreement. Based on the facts you provided, you need to attack this agreement immediately, and by immediately, I mean today. Every day you wait, the less chance you will have to void the agreement and the more expensive it will be. Unless you will concede to be bound by the agreement, pick up the telephone and call me right now.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can file a motion to set aside the settlement agreement based on fraud. You need an attorney.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
No, it was not fair and the waiver in the Marital Settlement Agreement (MSA) should have absolved you of any burden for her tax liability. The MSA needs to be amended to reflect that fact, or take the case to trial.
Answer Applies to: California
Replied: 5/2/2011
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