Filing tort action

[mistoffolees]

What is the name of your state? OK

Filed for divorce in Sept, 06. Divorce granted May, 07. Wife is now threatening to sue me for allegedly harming her sometime in 06. I was told that in OK, the divorce decree prevents further tort action based on events that preceded the divorce. Is that correct or can she still sue me?

In addition, we have 50:50 legal and physical custody. The child spends every other week here and alternating holidays. As I read IRS rules, this throws it into tiebreaker which means person with higher AGI gets deduction. Ex-wife claims she get deduction because it benefits her more. Any comments?Thanks.

[seniorjudge]

Filed for divorce in Sept, 06. Divorce granted May, 07. Wife is now threatening to sue me for allegedly harming her sometime in 06. I was told that in OK, the divorce decree prevents further tort action based on events that preceded the divorce. Is that correct or can she still sue me?

That tort immunity is growing weaker by the day in Oklahoma; I wouldn't rest easy.

[LdiJ]

Originally Posted by mistoffolees

What is the name of your state? OK

Filed for divorce in Sept, 06. Divorce granted May, 07. Wife is now threatening to sue me for allegedly harming her sometime in 06. I was told that in OK, the divorce decree prevents further tort action based on events that preceded the divorce. Is that correct or can she still sue me?

In addition, we have 50:50 legal and physical custody. The child spends every other week here and alternating holidays. As I read IRS rules, this throws it into tiebreaker which means person with higher AGI gets deduction. Ex-wife claims she get deduction because it benefits her more. Any comments?Thanks.

If your court orders are silent on the issue of the tax deduction for the child(ren) then the IRS tiebreaker rules do apply. However, the a 50/50 court order may not necessarily invoke the tiebreaker rules. For example, if for 2007 mom can demonstrate that she had the children more overnights than you did for the year then the IRS might rule in her favor...or vice versa if you could prove the same. The IRS is actually very "literal" when it comes to number of overnights. So, for example, something as simple as who got Spring Break in a given year, can determine who the IRS would back.

In your situation, it would simply be wise for the two of you to either split the kids for tax purposes, or to alternate years.

[mistoffolees]

Originally Posted by LdiJ

If your court orders are silent on the issue of the tax deduction for the child(ren) then the IRS tiebreaker rules do apply. However, the a 50/50 court order may not necessarily invoke the tiebreaker rules. For example, if for 2007 mom can demonstrate that she had the children more overnights than you did for the year then the IRS might rule in her favor...or vice versa if you could prove the same. The IRS is actually very "literal" when it comes to number of overnights. So, for example, something as simple as who got Spring Break in a given year, can determine who the IRS would back.

In your situation, it would simply be wise for the two of you to either split the kids for tax purposes, or to alternate years.

Actually, last year, I had more nights (she started working early Saturdays so I have her Friday nights.

Because of alimony, my AGI is low enough that the deduction is worth $1200 to me. I offered to sign an 8332 for $1200. She wouldn't do that, so I offered to take the deduction for the next 4 years (until alimony runs out and it's no longer worth much to me) and let her have it the next 10 (until my daughter is out of college). She declined that, too. Given that she's taken advantage of me throughout the process, I'm not too inclined to give her something she doesn't deserve.

So I'm going to stick with the rigid interpretation of the IRS rules.

[mistoffolees]

Originally Posted by seniorjudge

Filed for divorce in Sept, 06. Divorce granted May, 07. Wife is now threatening to sue me for allegedly harming her sometime in 06. I was told that in OK, the divorce decree prevents further tort action based on events that preceded the divorce. Is that correct or can she still sue me?

That tort immunity is growing weaker by the day in Oklahoma; I wouldn't rest easy.

Thanks. Can you give any guidance on the types of issues where immunity is likely to be granted and where it isn't?

Unfortunately, the attorney who handled my divorce has passed away, but I've already contacted her partner and he will handle my future needs so I'm well represented, anyway.