• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

questions about divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gts34741

Guest
What is the name of your state? FL
my divorce has not been finalized yet, I have signed papers from his lawyer, but it hasn't gone before a judge yet. my ex and I have decided not to take child support from one another, but have agreed to cut everything regarding the kids down the middle, can I make him sign and notarize something and have it stand up in court if that were ever necessary? Also, though I have primary custody, he wants to claim 2 independents and I only one. This was under the understanding that he would carry insurance on them and does not have a job right now. Is there anything that I can do to change what is stated in the marital agreement once it has been signed?
 


S

spy_kittie

Guest
As far as having him sign and notorize something as evidence, I would strongly suggest it. In my experience, every little bit helps. Were he to back out of the agreement, you can take him to court and have a stronger case.
In the case of the claiming of dependents, by Federal Tax guidelines, they have to reside continuously in your home for the last 12 months. If all three of them live with you, legally you are the only one eligible to claim them on your taxes.
In response to your last question, you should be able to have the agreement ammended.
 

stealth2

Under the Radar Member
spy_kittie said:
In the case of the claiming of dependents, by Federal Tax guidelines, they have to reside continuously in your home for the last 12 months. If all three of them live with you, legally you are the only one eligible to claim them on your taxes.
Unless you sign a waiver (I don't recall the form number) allowing him to take whichever number of kids. Legally, this allows him to claim the kids, and it happens all the time.
 
C

cyana

Guest
The form is...

Form 8332:

Release of Claim to Exemption for Children of Divorced or Separated Parents
 

VG1013

Member
Also, in most divorce agreements the court orders the NCP to carry life ins. and medical ins. on the children. If I were you, I wouldn't agree to him claiming the children on his taxes, especially if you agreed not to take CS.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top