MASSACHUSETTS post divorce amendment or modification of Judgement re: Tax Exemption

[jaded33]

MASSACHUSETTS post divorce amendment or modification

Can I modify or amend a judgement in a divorce from late September, 2013 where the judgement was for my ex husband to claim one child in his taxes? I have just been served with a contempt because I claimed both children. Reason I did so was because:
1. Ex spouse would not pay child support arrears
2. Ex spouse did not file his 2012 taxes within the 30 days judge told him to
3. Ex spouse only makes partial child support payments
4. Judgement was received in mid October and it was too late to change dependents with HR for the year 2013

I have been reading there is a time limit to modifying a judgement.Also, my court date is Monday May 12. I was served yesterday. Can I fight this because not enough time was given to prepare? Please help. Thank you!!!!

 

[Proserpina]

MASSACHUSETTS post divorce amendment or modification

Can I modify or amend a judgement in a divorce from late September, 2013 where the judgement was for my ex husband to claim one child in his taxes? I have just been served with a contempt because I claimed both children. Reason I did so was because:
1. Ex spouse would not pay child support arrears
2. Ex spouse did not file his 2012 taxes within the 30 days judge told him to
3. Ex spouse only makes partial child support payments
4. Judgement was received in mid October and it was too late to change dependents with HR for the year 2013

I have been reading there is a time limit to modifying a judgement.Also, my court date is Monday May 12. I was served yesterday. Can I fight this because not enough time was given to prepare? Please help. Thank you!!!!

'1. Depends how the order is worded. Is his taking the credit contingent upon being current with child support?

2. Doesn't matter for this issue

3. See #1

4. Let's see what your decree says first.

 

[jaded33]

'1. Depends how the order is worded. Is his taking the credit contingent upon being current with child support?

2. Doesn't matter for this issue

3. See #1

4. Let's see what your decree says first.

Taking the tax credit is not contingent upon being current. That is what I want to modify. His arrears keep going up because he refuses to pay the full court ordered child support. Can I modify this or is it too late?

 

[Proserpina]

Taking the tax credit is not contingent upon being current. That is what I want to modify. His arrears keep going up because he refuses to pay the full court ordered child support. Can I modify this or is it too late?

You can modify, sure - but it won't help you this year.

Because the court ordered that he took the credit, and you've willfully denied him, you can end up in trouble. While IRS doesn't care too much (and has to follow its own policy), the court order means you needed to sign that 8332 form.

 

[Silverplum]

Taking the tax credit is not contingent upon being current. That is what I want to modify. His arrears keep going up because he refuses to pay the full court ordered child support. Can I modify this or is it too late?

You may FILE to modify. Whether or not you get what you want is up to the court.

You do not unilaterally decide what happens wrt your court orders: you obey them, as is, until modified by the court.

 

[Ohiogal]

Taking the tax credit is not contingent upon being current. That is what I want to modify. His arrears keep going up because he refuses to pay the full court ordered child support. Can I modify this or is it too late?

So you are in contempt and had no right to claim the child dad was allowed to claim.

 

[LdiJ]

You may FILE to modify. Whether or not you get what you want is up to the court.

You do not unilaterally decide what happens wrt your court orders: you obey them, as is, until modified by the court.

You also need to file for contempt against dad for not paying his child support properly.

 

[Proserpina]

I wonder if that tax refund can offset some of his past owed support.

 

[Bali Hai]

I wonder if that tax refund can offset some of his past owed support.

I believe that is how it works going through proper legal channels. WAS there a refund?

 

[LdiJ]

I wonder if that tax refund can offset some of his past owed support.

You mean the refund mom got?...if any. That would certainly be a way that a judge could handle that. Credit the difference towards dad's arrears.

 

[Proserpina]

That'd be something of a win/win, non?

 

[Bali Hai]

That'd be something of a win/win, non?

Something of an illegal win. Suppose dad would not have gotten a refund even with the exemption? Sounds like the arrears should be forgiven and everybody follows orders henceforth.

 

[Proserpina]

Something of an illegal win. Suppose dad would not have gotten a refund even with the exemption? Sounds like the arrears should be forgiven and everybody follows orders henceforth.

And the illegal part is...what exactly?

 

[Bali Hai]

And the illegal part is...what exactly?

Your OP is in contempt, would that be illegal?

 

[LdiJ]

That'd be something of a win/win, non?

Yes, it certainly would. Its also something that mom could offer right off the bat, which would lend mom's actions some credibility in the eyes of the judge. However, mom is going to need to provide some proof to the judge that dad isn't properly paying his support. If mom had been properly served and had time to file a counter claim for non-payment of support it would be easier, but its still possible as a defense.