Legal Question in Family Law in New York

Ex-wife is seeking change of a divorce agreement

Ex-wife filed in court for changing the divoirce agreement.

CIRCUMSTANCES: My husband divorced his ex in 1999, they have one child from marriage. Among other things in the divorce papers my husband had agreement with his ex that every other year he will be claiming the child as dependant on the taxes. We married in 2000, he always paid child support and alimony more than he was ordered in court, never late, never skipped a payment. He was just served with papers to appear in court because his ex wants to change that part about taxes - she is married to someone else and now insists that all years should be hers for claiming he kid on taxes. Does she have any chances to win this battle? Her support of her claim is: my husbandhas now one child from me, the second on the way and therefore he can claim them on the taxes. She claims also she provides more than half of child support (she was part time!) Also, in the served papers she used her name from back when she was married to my husband even though she went back to her maiden name after divorce - how did she get that notarized? My husband never tried to avoide taking responsibility for his child hence this came by surprise, somewhat...


Asked on 1/30/08, 11:36 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Ex-wife is seeking change of a divorce agreement

She can ask, but it is unlikely on the facts as you describe them that she will succeed. Your husband needs to have a lawyer however to fight her off.

Good Luck

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Answered on 1/30/08, 11:56 pm
Kristen Browde Browde Law, P.C.

Re: Ex-wife is seeking change of a divorce agreement

As the previous poster suggests, on the facts you describe, she is unlikely to prevail in court (and no, it doesn't matter what name she used - she probably simply used the name in the old case caption, which is appropriate). However, you should consider whether the cost of the legal battle will be more than the value of the deduction.

In any event, you should quickly consult with a matrimonial attorney in your area, and have him or her review the papers that have been filed.

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Answered on 1/31/08, 7:14 am


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