Moving Costs

[MyDivorce!]

What is the name of your state? My wife left me approx. 4 months ago from southern CA. She took my 14 year old daughter with her and are living in AZ with her parents. She did not notify my of the move prior to leaving or ask for permission to move out of state. There is also no court order authorizing the move. I understand in CA that is illegal. I also moved to AZ to be close to my daughter and live in the same town. I spent in excess of $4000 just in moving costs. Can this money and any additional expenses incurred in moving be claimed by me in divorce court to offset and monies owed to my wife for alimony or child support? Also can I also claim the moving expenses for my taxes?

 

[LdiJ]

What is the name of your state? My wife left me approx. 4 months ago from southern CA. She took my 14 year old daughter with her and are living in AZ with her parents. She did not notify my of the move prior to leaving or ask for permission to move out of state. There is also no court order authorizing the move. I understand in CA that is illegal. I also moved to AZ to be close to my daughter and live in the same town. I spent in excess of $4000 just in moving costs. Can this money and any additional expenses incurred in moving be claimed by me in divorce court to offset and monies owed to my wife for alimony or child support? Also can I also claim the moving expenses for my taxes?

She did not need your permission to move out of state with your mutual child. That is not illegal in any state. Had you already been divorced or separated, and were already under custody orders, then she would have needed your permission or the permission of the courts, but you were not.

What you could have done was to file in court for custody, asking the judge to order her to return to CA with the child, but you chose to move to AZ as well, so that is no longer an option.

You can try to negotiate anything you want to negotiate in the marital settlement agreement as far as assets and liabilities are concerned. You won't however be able to offset alimony or child support with your moving costs. That kind of thing is not generally permisible.

Moving expenses are no longer tax deductible (and might not have been in this scenario anyway) unless you are a member of the armed forces.

 

[Ohiogal]

What is the name of your state? My wife left me approx. 4 months ago from southern CA. She took my 14 year old daughter with her and are living in AZ with her parents. She did not notify my of the move prior to leaving or ask for permission to move out of state. There is also no court order authorizing the move. I understand in CA that is illegal. I also moved to AZ to be close to my daughter and live in the same town. I spent in excess of $4000 just in moving costs. Can this money and any additional expenses incurred in moving be claimed by me in divorce court to offset and monies owed to my wife for alimony or child support? Also can I also claim the moving expenses for my taxes?

Why do you think your wife needed your permission to move to AZ with your mutual daughter when there were no court orders stating otherwise? Why didn't you file in CA courts and ask to have your daughter returned? Why did you do nothing?

 

[Edgar 1776]

Did you file for Divorce in California, if you did, there is a prevision in the notice that you served her (no one ever reads it, but needs to) that will keep her from moving out of the state with the child. With you moving also, i'm guessing that you did not file?

If you did not file then there is nothing that can be done about her leaving until you file a petition with the family law Court. (You can do it yourself if you cannot afford an attorney = California FL forms, and its pretty easy to complete and file)
I don't know of a way for you to recover the $4,000, and if you both permanently reside in AZ now in stead of visiting, you wont be able to file anything in California

 

[Ohiogal]

Did you file for Divorce in California, if you did, there is a prevision in the notice that you served her (no one ever reads it, but needs to) that will keep her from moving out of the state with the child. With you moving also, i'm guessing that you did not file?

If you did not file then there is nothing that can be done about her leaving until you file a petition with the family law Court. (You can do it yourself if you cannot afford an attorney = California FL forms, and its pretty easy to complete and file)
I don't know of a way for you to recover the $4,000, and if you both permanently reside in AZ now in stead of visiting, you wont be able to file anything in California

He cannot file in California. You are stupid to suggest that.