Legal Question in Family Law in Arizona
I have just recived a letter from the lawyer of my ex hubby to adjust my 2009 tax returns by not claiming both children or he will file contempt. I agree that I went against the order. There had been a change in custody since the order was made . Father went from 50% visitation to every other week end . I called the IRS for advice and was told I had all the rights to claim both , and that they do not look at a court order. The court did not adjust the taxes at the last hearing and new order . There is no child support order as my ex is disabled. .I can not afford to amend my taxes as I am no longer employed. This is the only order I have broken . My ex is also in contempt for not suppling healthcare since 2005 and the newest order Aug 2009 that states he is to care for or pay for care while I was working he has not done so, That and my sons disability caused me to quit my job. He still owes me $2000 from the divorce in 2005 . What should I do ? I thought of replaying with a letter offering to clear the debt he owes to cover the affect to his taxes or should I let him file the motion and respond with the issues he is in contempt for ?
1 Answer from Attorneys
FIRST, you could and should immediately file for a modification of child support since he sees the children less. This will then adjust the tax exemptions from this point forward.
Also, if he has failed to meet some of his financial obligations, you certainly should "do the math" amd negotiate with him.
We can certainly help you consider and then pursue your options.
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Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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