Fired my divorce attorney, but now what...???

[smkw92]

What is the name of your state (only U.S. law)? Kentucky

Silly me, I was trusting my divorce attorney to understand the law and act in my best interest. I finally fired her, but has too much damage been done - or can these things be revisited?

1.) Attorney told me "the judge will never allow you to have both tax exemptions!" (inspite of me providing more than 75% support and both girls staying with me 350 + nights/days a year).

2.) Child support calculations equate to $990 per month. Attorney told me "$600 is the most you will be awarded, these calculations are extremely complex and I don't know a single judge that will award you the $990."

3.) Child support arrerages from March - October total more than $4,000. Attorney told me "You will never get this, because he's given them money here and there... (attorney walks out of room to discuss amount with ex's attorney > comes back in..) we have agreed to $200."

So agreement order states he will get one tax exemption, $600 for child support and $200 in back amount.

Again - my question is what recourse do I have now????? And would it be acceptable for me to complain to my ex-attorney's firm, etc...????

Thanks all for any insight!!!!

 

[LdiJ]

What is the name of your state (only U.S. law)? Kentucky

Silly me, I was trusting my divorce attorney to understand the law and act in my best interest. I finally fired her, but has too much damage been done - or can these things be revisited?

1.) Attorney told me "the judge will never allow you to have both tax exemptions!" (inspite of me providing more than 75% support and both girls staying with me 350 + nights/days a year).

2.) Child support calculations equate to $990 per month. Attorney told me "$600 is the most you will be awarded, these calculations are extremely complex and I don't know a single judge that will award you the $990."

3.) Child support arrerages from March - October total more than $4,000. Attorney told me "You will never get this, because he's given them money here and there... (attorney walks out of room to discuss amount with ex's attorney > comes back in..) we have agreed to $200."

So agreement order states he will get one tax exemption, $600 for child support and $200 in back amount.

Again - my question is what recourse do I have now????? And would it be acceptable for me to complain to my ex-attorney's firm, etc...????

Thanks all for any insight!!!!

I agree that your attorney seemed to handle some things badly, but I am basing it only on what you are telling us, and there may be things that you don't know/understand that might make her actions seem more reasonable. She is definitely right though about the tax exemption.

Unfortunately there is nothing that you can do about it now, because you signed the agreed order.

 

[smkw92]

I agree that your attorney seemed to handle some things badly, but I am basing it only on what you are telling us, and there may be things that you don't know/understand that might make her actions seem more reasonable. She is definitely right though about the tax exemption.

Unfortunately there is nothing that you can do about it now, because you signed the agreed order.

I felt obligated to sign... she was standing over me and making me feel like I was stupid and I just felt... I guess, intimidated. So when I got home and spoke with my mom and sister, they said call the court and see if anything can be done. So same day - I fired her and made a motion with the court (I thought I had 10 days?)...

Why should ex-spouse get an exemption???? His $600 entitles him to this??? REALLY????? The IRS says it needs to be 50/50...?

I do appreciate the help ~ just frustrated...

 

[Ohiogal]

I felt obligated to sign... she was standing over me and making me feel like I was stupid and I just felt... I guess, intimidated. So when I got home and spoke with my mom and sister, they said call the court and see if anything can be done. So same day - I fired her and made a motion with the court (I thought I had 10 days?)...

Why should ex-spouse get an exemption???? His $600 entitles him to this??? REALLY????? The IRS says it needs to be 50/50...?

I do appreciate the help ~ just frustrated...

On what LEGAL grounds are you objecting? Your stupidity/ignorance is NOT a legal ground. The fact that HE is the FATHER is enough quite frankly. Why did you allow him to impregnate you and then you decide to carry the fetus(es) to term?

 

[LdiJ]

I felt obligated to sign... she was standing over me and making me feel like I was stupid and I just felt... I guess, intimidated. So when I got home and spoke with my mom and sister, they said call the court and see if anything can be done. So same day - I fired her and made a motion with the court (I thought I had 10 days?)...

Why should ex-spouse get an exemption???? His $600 entitles him to this??? REALLY????? The IRS says it needs to be 50/50...?

I do appreciate the help ~ just frustrated...

He is providing support to your mutual children. It may not be as much as he should be providing but its the general belief, of family courts nationwide, that if both parents are providing support, that both parents should benefit from the tax attributes regarding the children.

As the parent with primary custody, you reap some benefits that he can never receive...no agreement or court can give those benefits to him. You have the benefit of claiming head of household, you have the benefit of claiming any daycare credits for both children (even the one he claims as he dependent) and if you qualify for earned income credit (unlikely in your case) you would still be able to claim EIC for the child that he claims as a dependent.

I do understand how you feel, but you also need to accept reality...and the IRS doesn't say that it needs to be 50/50. The IRS says that the only parent who can claim the children is the parent with whom they spend the most overnights in a calendar year...unless that parent signs form 8332 releasing the exemption to the other parent...and that is what you agreed to do. There is no point even trying to undo that part of the agreement, because a judge will overrule you anyway on that.

 

[smkw92]

...unless that parent signs form 8332 releasing the exemption to the other parent...and that is what you agreed to do. There is no point even trying to undo that part of the agreement, because a judge will overrule you anyway on that.

I haven't signed form 8332, but I do understand now the benefits I will receive apart from that... (the best of all include knowing my kids are safe, happy, clothed, etc... and every memory of every day that I get to wakeup and see their smiling faces!!! ).


@Ohiogal ~ thank you for pointing out my stupidity... guess I missed the sale on Hindsight...