Legal Question in Family Law in Washington
tort laws and parenting plans
my ex-wife took the tax deduction for two years when the support order allocates it to the father, causing a tax audit to the father. a waiver was requested supported by good evidence and the ex-wife still would not provide the waiver without a court order.when the order was signed the ex-wife contacted the irs to declare the waiver she signed at court invalid,so the irs required the order as proof. when i went to the clerk to get the order it had been removed from the file by someone. the ex-wife also has relocated the child without due process notice to the parties two years ago. the ex-wife has entered the child into sports which last all year long and interfere with every visit with the father which is contrary to the agreed parenting plan language. is there any tort laws protecting the nonresidential parent from these contract violations?
1 Answer from Attorneys
Re: tort laws and parenting plans
If I understand the tax issue properly, you have a court order that requires her to sign the waiver and to allow you to claim the child.
But the order has disappeared. You need to find that order. You can subpoena a copy from your ex if necessary. Does support enforcement have a copy?
You waived the relocation issue by not doing anything about it for two years.
You can ask the court to hold her in contempt for interfering with your residential time, though. Google "Marriage of Rideout" the remedy is clearly available.
It isn't tort law you are looking for, but equity (legal shorthand for doing what is right). Your remedies are just waiting for you.
The support order 'disappearing' out of the court file is very odd. You need to find that order.
Hope this helps. Elizabeth Powell
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