Legal Question in Family Law in California
Ex-husband wants changes made to 4 year old divorce
Our divorce has been final for 4 years and my ex-husband is getting remarried. I have full physical custody of our two children and his visitation with them is limited to a few hours every two weeks by his own choice.
The divorce papers state that I receive the child tax credit for both children since they live with me full time. He and his fiancee are disputing this now and want to use one of the children as a tax write off although they are not requesting any custody. Should I ignore this because it seems so incomprehensible or is this something that I would need to seek legal counsel for?
4 Answers from Attorneys
Reply: Ex-husband wants changes made to 4 year old divorce
In a genaral sense, the court order is what is required.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Ex-husband wants changes made to 4 year old divorce
A change in the terms of the child support and tax deduction would only be done by agreement or court order. If he wants the tax deduction, how much more is he willing to pay in child support. Good Luck, Pat McCrary
Re: Ex-husband wants changes made to 4 year old divorce
Since the children live with you more than 50% of the time you have the right to the tax deduction for them. Father can get the deduction only if you agree. As stated by one of the other responses, what is he willing to pay for the deduction. Normally I would recommend that he pay your increased income taxes, and a portion of the amount that he saves on his taxes.
Re: Ex-husband wants changes made to 4 year old divorce
The Court order is what controls.
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