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Are Judges verbal demands valid?

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mominnc

Member
What is the name of your state? North Carolina

During our child support hearing the judge requested (to father of our son, who had paid no child support in 18 months) to see that I received child support (out of pocket) for December so our son would have a decent Christmas. The judge didn't feel like the paper work for garnishment of wages would be ready before 2005. The father tells me he's not giving me anything for December, that whenever his pay check is garnished that's when I'll start receiving it.

This was a verbal demand from the judge. What can I do? Anything? Nothing?

Also, who gets to claim our son on their taxes?

Thanks
 


BelizeBreeze

Senior Member
Unless it is an order of the court, there's nothing you can do about it. The taxes are another matter. It depends on who has custody 51% of the time and where the child resides.
 

mominnc

Member
BelizeBreeze said:
Unless it is an order of the court, there's nothing you can do about it. The taxes are another matter. It depends on who has custody 51% of the time and where the child resides.

In regards to the taxes: During this same support hearing, the judge ask me if I would allow the father to take our son on his 2005 taxes, since he would be paying support in 2005. (I have full physical custody, father has every other week-end visitation). I honestly didn't know what to say and didn't want to be "frowned upon" for not doing what the judge ask, so I agreed. I didn't sign any papers. So can I assume this wasn't an "order of the court" and refused to let him file on his 2005 taxes? I didn't have an attorney for this procedure, I went through Social Service Department. How would I find out if it was "an Order of the Court"?
I appreciate your help.
 

BelizeBreeze

Senior Member
Do you have a custody order/ visitation order signed by the judge and filed with the court in your possession? If not, then there is not yet an 'order of the court'.

Pretty simple huh?
 

mominnc

Member
BelizeBreeze said:
Do you have a custody order/ visitation order signed by the judge and filed with the court in your possession? If not, then there is not yet an 'order of the court'.

Pretty simple huh?
Order for Visitation and custody.Yes. No papers for support yet (court date was 12-7). I guess I'll get these from Social Services in the mail? (not sure) But my verbal agreement to the judge let father take our son on his taxes (at that time no one told me I didn't have to) ....I can't be held to that unless it's in the support papers?

It may be simple to you.lol.
 

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