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does a notarized letter over ride a court order in indiana?

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melissahoover

Junior Member
could someone tell me whether or not a notarized agreement over rides a court order. me and my ex agreed that i would let him him claim one of my kids last year and then one this year on taxes but it was never took in front of a judge and signed and approved. well however the taxes for 2009 we are getting ready to file and i decided to not let him claim because he doesnt pay all of his child support. well what i wanna know is since it would be my year to claim anyways and hes behind on his support does the notarized agreement over ride my court order? my court order states that on his year if hes behind on his support at year end he doesnt get to claim. i just want to make sure by butt is covered on thsi since we had a written and notarized agreement. thanks for any info.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
He can take you back to court and get the order changed to reflect your agreement. However unless you signed an 8332 -- was that your notarized agreement -- he doesn't get to claim them this year.
 

melissahoover

Junior Member
all i did was type up the paper, signed it and we had it notarized. there was no official form that i printed up or anything.
 

cbg

I'm a Northern Girl
A notarized agreement does not override a court order anywhere. All a notary's stamp means is that the notary has confirmed that the signatories are indeed who they claim to be. A notary's stamp has no legal authority beyond that. If the agreement is binding, it's binding whether it's notarized or not. If it's not binding, then a dozen notarizations does not make it so.
 

melissahoover

Junior Member
for starters this post was not about sueing anybody. i asked for info not for someone to accuse me of wanting money. if you really dont have a clue what the post was even about please dont respond.this was meant for the 2nd person to reply on my post.
 

TheGeekess

Keeper of the Kraken
for starters this post was not about sueing anybody. i asked for info not for someone to accuse me of wanting money. if you really dont have a clue what the post was even about please dont respond.this was meant for the 2nd person to reply on my post.
You took offense at a sig line that shows up in every post that ecmst12 makes.
 
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LdiJ

Senior Member
Melissa, you may have a problem with a notarized letter. It depends on the specific wording of the letter.

A letter (not a court order) CAN substitute for a form 8332. If the IRS were to determine that your notarized letter was an adequate substitute to a form 8332, then the IRS WILL give the exemption to your ex.

It also very possibly could override your court order, because it could be seen as you voluntarily giving him the exemption.
 
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