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made to sign an amendment under duress- is it valid, not taken in front of the court?

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uzdnomo

Guest
I moved here, (I have sole custody) to NV over a year and a half ago. before leaving CO ex-husband threatened me with injunctions etc. preventing or arresting me in my move unless I signed a doc. that stated I would pay 1/2 of air fare for visitations (the vistiations themsleves weren't an issue), he wants to claim them every year on taxes, them to fly on Christmas Day, and they have no say in this until age 16. He tried to file it in Denver but when told it would have to go before a judge he backed out. Is it binding? Do I have to let him claim them on his taxes? Is it valid at all? We did sign in front of notary. Stressed and been taken too many times. He claimed them for 5 previous years of separation and divorce, I claimed them just in 2000. It's all about $ with him. He doesn't even take all the visits. Never did. Did this in jan. 1999, Jefferson County, CO. Now reside in clark Co. NV.
 


LegalBeagle

Senior Member
Re: made to sign an amendment under duress- is it valid, not taken in front of the court?

uzdnomo said:
I moved here, (I have sole custody) to NV over a year and a half ago. before leaving CO ex-husband threatened me with injunctions etc. preventing or arresting me in my move unless I signed a doc. that stated I would pay 1/2 of air fare for visitations (the vistiations themsleves weren't an issue), he wants to claim them every year on taxes, them to fly on Christmas Day, and they have no say in this until age 16. He tried to file it in Denver but when told it would have to go before a judge he backed out. Is it binding? Do I have to let him claim them on his taxes? Is it valid at all? We did sign in front of notary. Stressed and been taken too many times. He claimed them for 5 previous years of separation and divorce, I claimed them just in 2000. It's all about $ with him. He doesn't even take all the visits. Never did. Did this in jan. 1999, Jefferson County, CO. Now reside in clark Co. NV.
The agreement is worthless... but you moving out of state without permission could go against you if she pushing things into court.
 
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uzdnomo

Guest
the divorce says...

It just says I have sold physical custody with agreed upon visitation and the support goes from his employer thru social services. that is pretty much it other than we are no longer married.
 
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uzdnomo

Guest
invalid, but moving out of state w/o permission

I didn't know I needed it. I wanted to get a REAL order, and get it filed but i want to know where I stand as his new wife will jump all over this wanting the tax exemptions, mostly. Can I do that from here in NV? Do i need a lawyer to get an amendment? The biggest problem in not agreeing will the the taxes. Since I am on disability I was told by a lawyer I might have to pay less than 50% of the airfare. That's not a big deal. They make the 14 yr. old girl sleep in the same room with her 11 yr. old brother and 15 year old stepbrother even tho' they promised me they wouldn't...can I do anything about that? I amwondering if since he drew up the no good document if that might help me with the moving without permisssion part. I called a paralegal place that gave advice and they told me I could go as long as he knew where they were and they weren't endangered, etc. he made me doubt that with his threats.
 
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Kelly143

Guest
Someone correct me if I'm wrong, but the parent with physical custody of the children is the parent that gets to claim the kids on their taxes. I have been told on many occasions by many people that child support paid can not be claimed. You are getting the raw end of the deal as far as taxes are concerned. If he is threatening you with this, I would suggest that you tell him you are going to file an ammendment to your taxes and claim the children and report him for tax evasion. That is essentially what he is doing, claiming someone who does not live with him. It even says on the form in the dependants area "child that has LIVED WITH YOU for at least six months" or something of that sort. He could get into a LOT of trouble for lying on his taxes. Don't let him take you anymore.
 
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meleahk1

Guest
if the children live with you, if support is paid to you, then he cannot file those kids on his taxes without written permission by you. there is a form he can use, but i understand he has to have your written permission to do so.

once you live at your new place for 3 months or 6 months depending on the state law, you can have the original order moved to that state, by modifing support and visitation. he cannot file anything in his state if the children do not live with him. however, he can file on the original order until you can move it to the new state.

perhaps grandma b will read this, i believe she is the tax expert on the board and can answer these questions better.

call the irs and ask them?

good luck;)
 
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uzdnomo

Guest
invalid doc.-tax info.

Thank you to everyone who has answered thus far. i was afraid the document he had me sign gave him permission to claim the taxes since I signed it, but if it is no good, then I guess I jsut need to get an amendment order here. I appreciate all help from anyone.
 

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