Change in divorce decree

[kik1999]

Ohio
When I filed for divorce, my ex and I agreed on everything. I have sole custody of our daughter, where he has eow and Wed. evening visitation. He also agreed that I have the right to claim her on my taxes every year. Now, 4 years later, he wants to claim her every other year. He called me today and asked if he could claim her this year, but I have already filed my taxes, so its not an option this year. Now he wants to change everything; custody, visitation, etc. We have always gotten along and had minor disagreements. He's stating he is now going to take me to court to get joint custody, lower child support, etc. I've seen on here before that a judge might not change claiming a child on taxes since he agreed to it at first. How likely is it that there will be a modification if he files to change this?

It doesn't really matter to me, but I think that it is outrageous for him to take me to court (and now I have to dish out money for an attorney for something that is out of my control since I already filed and he's being spiteful) b/c I know it is all about money with him (he wants to do the bare minimum financially for our daughter). I guess I'll be using my refund as a retainer fee!!

 

[seniorjudge]

Ohio
When I filed for divorce, my ex and I agreed on everything. I have sole custody of our daughter, where he has eow and Wed. evening visitation. He also agreed that I have the right to claim her on my taxes every year. Now, 4 years later, he wants to claim her every other year. He called me today and asked if he could claim her this year, but I have already filed my taxes, so its not an option this year. Now he wants to change everything; custody, visitation, etc. We have always gotten along and had minor disagreements. He's stating he is now going to take me to court to get joint custody, lower child support, etc. I've seen on here before that a judge might not change claiming a child on taxes since he agreed to it at first. How likely is it that there will be a modification if he files to change this?

It doesn't really matter to me, but I think that it is outrageous for him to take me to court (and now I have to dish out money for an attorney for something that is out of my control since I already filed and he's being spiteful) b/c I know it is all about money with him (he wants to do the bare minimum financially for our daughter). I guess I'll be using my refund as a retainer fee!!

Q: How likely is it that there will be a modification if he files to change this?

A: 50-50, more or less.

 

[Gracie3787]

Ohio
When I filed for divorce, my ex and I agreed on everything. I have sole custody of our daughter, where he has eow and Wed. evening visitation. He also agreed that I have the right to claim her on my taxes every year. Now, 4 years later, he wants to claim her every other year. He called me today and asked if he could claim her this year, but I have already filed my taxes, so its not an option this year. Now he wants to change everything; custody, visitation, etc. We have always gotten along and had minor disagreements. He's stating he is now going to take me to court to get joint custody, lower child support, etc. I've seen on here before that a judge might not change claiming a child on taxes since he agreed to it at first. How likely is it that there will be a modification if he files to change this?

It doesn't really matter to me, but I think that it is outrageous for him to take me to court (and now I have to dish out money for an attorney for something that is out of my control since I already filed and he's being spiteful) b/c I know it is all about money with him (he wants to do the bare minimum financially for our daughter). I guess I'll be using my refund as a retainer fee!!

He has the right to file for a modification after 4 years. Has his income increased? If it has, then you can file for a modification of CS also.

 

[kik1999]

He has the right to file for a modification after 4 years. Has his income increased? If it has, then you can file for a modification of CS also.

He was in the military. Only making around 17K per year income when we filed for divorce and cs was set. I was making 30K. CS was set at $400 per month. Now, he makes around 30K, and I make 35K. He is telling me that he will file for joint custody and will have cs lowered b/c the time will be split more and we make generally about the same amount in income.
I know he has the right to file for a modification. I don't even care about that. But the reasoning behind him filing for a modification in visitation/custody is out of spite, not because he wants more time. Nothing I can do about that! I hate the fact that I have to now come up with thousands to get an attorney over something that is spiteful.
We have had a great relationship, better than one could ask for when it comes to divorced parents. Its sad that it might be ruined over money. And his foolish wife won't stay out of it and let US deal with it....always has to put in her two cents. Only 13 more years left! (actually the rest of our lives, but...)
Thanks for the info!!

 

[kik1999]

Change of events?

NCP now threatening with modification of custody (was going to post in custody forum, but didn't want to start a new thread?). He states he wants every other week or two weeks at my house, two weeks at his house/shared parenting plan, lives around 40 minutes away. I've heard that there must be a substantial change in circumstance for this to happen. Frankly, I don't think its a great idea to switch every other week for a first grader when he doesn't live near/in our school district, but I know my opinion doesn't stand for much! Assuming this is just a threat, due to the fact he has never mentioned this to me before, when we've been on good terms. Any advice is appreciated!