post-divorce problem

[HrtMom]

What is the name of your state? OH
Seperated in 9/03, divorce finalized 1/15/2004. Separation agreement states *unless otherwise agreed, the parties shall confer annually on or before 2/28 of each year to exchange their w-2's and all other income information, tax exemtion waivers, and other documents, if necessary, to carry out the terms of this agreement.*
My question is this: I let him *have it all*, so I could just get aways from him and his controlling ways. He gets to claim our 3 children every year as long as he is current with child support, even though I am residential parent. He is demanding copies of my w-2, even though we are not filing together..I didn't even have a job until 5/2004-4 months after the finalization of our divorce. Isn't the Seperation Agreement no longer in effect? Thanks!

 

[LdiJ]

What is the name of your state? OH
Seperated in 9/03, divorce finalized 1/15/2004. Separation agreement states *unless otherwise agreed, the parties shall confer annually on or before 2/28 of each year to exchange their w-2's and all other income information, tax exemtion waivers, and other documents, if necessary, to carry out the terms of this agreement.*
My question is this: I let him *have it all*, so I could just get aways from him and his controlling ways. He gets to claim our 3 children every year as long as he is current with child support, even though I am residential parent. He is demanding copies of my w-2, even though we are not filing together..I didn't even have a job until 5/2004-4 months after the finalization of our divorce. Isn't the Seperation Agreement no longer in effect? Thanks!

Well, normally the divorce decree would replace the separation agreement. However its also possible that your divorce decree could continue on certain provisions of the separation agreement. Parties are also sometimes required to exchange W2s for child support purposes. Review your divorce decree carefully.

 

[JETX]

I didn't even have a job until 5/2004-4 months after the finalization of our divorce. Isn't the Seperation Agreement no longer in effect?

Ask him to explain why your documents are 'necessary'. And if he doesn't have a good explanation.... then tell him to stick it.

 

[minerzlegal]

I would assume the separation agreement is something you can use to wipe with as the finalized divorce decree should over ride it. I would take both doc's to a good attorney for either a free consultation or a one time $100.00 job. Get the answer that is legal, then send your ex the seperation agreement instead of the W-2's and tell him to claim that on his taxes. Good Luck.