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Claiming Taxes / Roth-IRA / 730 Evaluation

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PopRock

Junior Member
What is the name of your state (only U.S. law)? California

Okay, divorce is over, but the judge has not figured out anything with my wife and my financials! For example, I do not know which year I can start claiming my child on my taxes!

Second issue, my wife (ex-wife now) and I had a ROTH-IRA that was formulated throughout our marriage through my sole employment (ROTH-IRA was solely in my ex-wife's name)! There was $7,000 in there at the time of separation! My ex-wife claimed she removed all the funds prior to separation, but I believe this is a lie to the core. However, my ex-wife did not disclose any past statements during the divorce proceedings...not a single one as is required! When this was brought up to the judge, the judge told me that it was my job to track down the statements; which is against the law, because my ex-wife is suppose to surrendered the statements of the ROTH-IRA, so I can look at them to see if the funds were taken out before separation. Of course we all know she did not provide the statements, because #1) She took the funds out after the separation, #2) Disclosing the statements would mean she would be responsible for paying me half.

So, how do I track down the statements of the ROTH-IRA, if my ex-wife refuses to provide the statements AND the judge has told me that I need to find the information on my own? And yes, my ex-wife personally told the judge that she took the ROTH-IRA funds out before the separation (but no statements have ever been provided to me during full disclosure).

Last issue...we had a 730 evaluation order by the court ($15,000). My mom had to hock jewelry to pay for this, I had to sacrifice every paycheck to pay for this evaluation; which would not be turned over to the judge until it was paid! However, I had to upfront the entire cost of the evaluation which included 50% of my wife being evaluated! 100% of my research online shows that both parties are responsible for half the share of the evaluation. How can I petition the judge to have my ex-wife be responsible for half?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

Okay, divorce is over, but the judge has not figured out anything with my wife and my financials! For example, I do not know which year I can start claiming my child on my taxes!

Second issue, my wife (ex-wife now) and I had a ROTH-IRA that was formulated throughout our marriage through my sole employment (ROTH-IRA was solely in my ex-wife's name)! There was $7,000 in there at the time of separation! My ex-wife claimed she removed all the funds prior to separation, but I believe this is a lie to the core. However, my ex-wife did not disclose any past statements during the divorce proceedings...not a single one as is required! When this was brought up to the judge, the judge told me that it was my job to track down the statements; which is against the law, because my ex-wife is suppose to surrendered the statements of the ROTH-IRA, so I can look at them to see if the funds were taken out before separation. Of course we all know she did not provide the statements, because #1) She took the funds out after the separation, #2) Disclosing the statements would mean she would be responsible for paying me half.

So, how do I track down the statements of the ROTH-IRA, if my ex-wife refuses to provide the statements AND the judge has told me that I need to find the information on my own? And yes, my ex-wife personally told the judge that she took the ROTH-IRA funds out before the separation (but no statements have ever been provided to me during full disclosure).

Last issue...we had a 730 evaluation order by the court ($15,000). My mom had to hock jewelry to pay for this, I had to sacrifice every paycheck to pay for this evaluation; which would not be turned over to the judge until it was paid! However, I had to upfront the entire cost of the evaluation which included 50% of my wife being evaluated! 100% of my research online shows that both parties are responsible for half the share of the evaluation. How can I petition the judge to have my ex-wife be responsible for half?
If your divorce is final its too late to address any of those issues. They had to be addressed before the divorce was final.
 

PopRock

Junior Member
If your divorce is final its too late to address any of those issues. They had to be addressed before the divorce was final.
I don't agree with you, because the judge told me that it was up to me to track down the information pertaining to the ROTH-IRA account....meaning, that I can still bring it back to court.

You information is inaccurate, because I can still go back to court for my case to have wage adjustments done due to disability and petition the courts to have more or less child support. If there is anything that is late, its your information.
 

single317dad

Senior Member
If you're not getting what you want in court, chances are either you shouldn't get what you're asking for, or you're not asking correctly. You really should have had an attorney; you may have saved a significant amount of money if you had one. I think you should speak with one now.
 

PopRock

Junior Member
If you're not getting what you want in court, chances are either you shouldn't get what you're asking for, or you're not asking correctly. You really should have had an attorney; you may have saved a significant amount of money if you had one. I think you should speak with one now.
ROTFL...I had two attorneys...one did a horrible job...I owe him $20,000+ for his services! Another I have paid $10,000. I am as broke as broke can be. I think my entire case cost my ex-wife and I $100,000...all because my wife wanted to be very difficult; such is life.

Never the less, I don't know what year I can claim my child on my taxes. The courts always let one spouse claim one year and the next year the other spouse claims that year and so forth and so forth. I just don't know which year I start with...BIG DEAL; especially when claiming the EIC!

Lawyers are a joke! The system is a joke! Its every man for himself! It all comes down to two things: 1) Who has the better lawyer, 2) Will the judge sympathize with the wife or husband. Unfortunately, I had a female judge...and we all know how that goes.
 

LdiJ

Senior Member
ROTFL...I had two attorneys...one did a horrible job...I owe him $20,000+ for his services! Another I have paid $10,000. I am as broke as broke can be. I think my entire case cost my ex-wife and I $100,000...all because my wife wanted to be very difficult; such is life.

Never the less, I don't know what year I can claim my child on my taxes. The courts always let one spouse claim one year and the next year the other spouse claims that year and so forth and so forth. I just don't know which year I start with...BIG DEAL; especially when claiming the EIC!

Lawyers are a joke! The system is a joke! Its every man for himself! It all comes down to two things: 1) Who has the better lawyer, 2) Will the judge sympathize with the wife or husband. Unfortunately, I had a female judge...and we all know how that goes.
I call troll...
 

Ohiogal

Queen Bee
ROTFL...I had two attorneys...one did a horrible job...I owe him $20,000+ for his services! Another I have paid $10,000. I am as broke as broke can be. I think my entire case cost my ex-wife and I $100,000...all because my wife wanted to be very difficult; such is life.

Never the less, I don't know what year I can claim my child on my taxes. The courts always let one spouse claim one year and the next year the other spouse claims that year and so forth and so forth. I just don't know which year I start with...BIG DEAL; especially when claiming the EIC!

Lawyers are a joke! The system is a joke! Its every man for himself! It all comes down to two things: 1) Who has the better lawyer, 2) Will the judge sympathize with the wife or husband. Unfortunately, I had a female judge...and we all know how that goes.
You are wrong. Claiming EIC? Federal law dictates that and a state court cannot order against federal law. In addition, you were incredibly rude to LD. You cannot take anything back to court after divorce is final unless you can prove fraud. Your lack of preparation and inability to comprehend what a subpoena is, is on you. The judge was correct in telling you that it was up to you to track down the information. That was to be done BEFORE THE FINAL divorce hearing. You didn't do it. You deserve nothing. And the courts do NOT always alternate years.
 

Bali Hai

Senior Member
ROTFL...I had two attorneys...one did a horrible job...I owe him $20,000+ for his services! Another I have paid $10,000. I am as broke as broke can be. I think my entire case cost my ex-wife and I $100,000...all because my wife wanted to be very difficult; such is life.

Never the less, I don't know what year I can claim my child on my taxes. The courts always let one spouse claim one year and the next year the other spouse claims that year and so forth and so forth. I just don't know which year I start with...BIG DEAL; especially when claiming the EIC!

Lawyers are a joke! The system is a joke! Its every man for himself! It all comes down to two things: 1) Who has the better lawyer, 2) Will the judge sympathize with the wife or husband. Unfortunately, I had a female judge...and we all know how that goes.
I had an old fart male judge and it went the same way.

Now that you know how the real world works, I advise you not to make the same mistakes again. Legally marrying someone means big trouble more often than not, both financially and mentally.
 

quincy

Senior Member
At the very least, misguided, probably a liar,and maybe a troll. 100k divorce, yet they qualify for EITC?
PopRock has also posted under the user name "ChopChop," and occasionally will use both names in the same thread. The posting histories of both provide for an interesting read.
 

davew128

Senior Member
Federal law dictates that and a state court cannot order against federal law.
While you are absolutely correct, I can't tell you the number of times I've seen divorces where judges not only issue such orders but even tell the parties what filing status they must choose, despite the fact that its a federal election.
 

Proserpina

Senior Member
ROTFL...I had two attorneys...one did a horrible job...I owe him $20,000+ for his services! Another I have paid $10,000. I am as broke as broke can be. I think my entire case cost my ex-wife and I $100,000...all because my wife wanted to be very difficult; such is life.

Never the less, I don't know what year I can claim my child on my taxes. The courts always let one spouse claim one year and the next year the other spouse claims that year and so forth and so forth. I just don't know which year I start with...BIG DEAL; especially when claiming the EIC!

Lawyers are a joke! The system is a joke! Its every man for himself! It all comes down to two things: 1) Who has the better lawyer, 2) Will the judge sympathize with the wife or husband. Unfortunately, I had a female judge...and we all know how that goes.


Excellent.

That means you won't be staying here, right?

:cool:
 

ecmst12

Senior Member
Only the custodial parent can claim the EITC, ever. The parent that had more overnights. NCP claiming it is highly illegal.

So what does your order say about the dependent exemptions? Word for word. If it says nothing, then it defaults to the IRS rules, which says only the CP gets to claim the child.
 

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