Legal Question in Family Law in Indiana
Can she take us to court again?
My husband's ex-wife called and said our support of $700 a month is not enough. It was agreed in the divorce that they would each claim one child on their taxes until the oldest is 18 then would alternate the years after with the youngest. Last night she said if we don't let her claim both kids on taxes this year then she will take us to court, raise our support, and a few other threats. My question is first can she do this and second her wages are higher and my husband's are lower will this make a difference if we do go to court. We support the kids monthly and with whatever school activities they request. This year though is tougher than normal we cannot afford all of the luxuries. The ex also stated if we do not send the youngest to soccer camp for $500 and pay for a washington trip of $600 then again she will take us to court. Are we obligated to every single expense? I don't mind helping but things are tight. Thank You for your time and consideration. Sincerely,
1 Answer from Attorneys
Re: Can she take us to court again?
Wow. It sounds like this woman has been fairly skilled at extorting money from you.
Those camp fees and any other "extras" are NOT extras. They are to be taken from the child support that your husband pays to his ex.
In other words, his child support is meant to pay ALL the expenses of the kids, which would include these other things.
If he gives her money for those, on top of the support money he pays, that is considered a gift.
Furthermore, it could be used against him to allege that he could "afford" to pay more support.
The fact that your husband's income went down MIGHT be helpful to cut his support, if he can successfully argue that the wages went down through no fault of his own (such as a downturn in the industry or changes his employer put into place) and not that he chose to work fewer hours or voluntarily took a lower-paying job.
The decree stands, as to the tax deductions, unless he AGREES to change them. I wouldn't advise him to do that. A deal is a deal. If she doesn't like it now, tough.
He needs to put his foot down on this or she will keep taking and taking.
If she takes him to court, she takes him to court. She can do that. But she'll end up with some attorney fees and possibly lower or similar support, under the conditions you described.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
