QUESTION

Does ex-husband have the right to ask this?

Asked on Jan 10th, 2015 on Litigation - North Carolina
More details to this question:
Ex- wife legally owes money to ex-husband for mortgage payments he made on their joint home before it was sold. He's agreed to a modest monthly payback, until the entire debt is paid, but insists she give him any inheritance money or bonuses she receives, and provides her with tax returns by May 1st of each year, so he can verify her income and see if she has had any income increases. Does he have a right to insist she send him her income tax returns every year? He has already insisted she declare bankruptcy and has openly stated that he is just out for revenge.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Have the parties reached an agreement yet or are they still bargaining?  If an agreement was already reached, and has not been breached, neither party has the right to change it (for example, by requiring that the other produce tax returns every year if that was not part of the original agreement) without the other's consent.  If no agreement has yet been reached, however, either  party can demand any condition they want (other than illegal acts, such as a provision that one party will supply the other with cocaine).  The other party can either accept the proposed term, or not, in which case there is no contract.
Answered on Jan 12th, 2015 at 1:08 PM

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