Hello everyone.
How time flies. Dealing with the CP has been a roller coaster lately.
This issue has come up again as when I spoke last year with the CP I advised them that we need to have the judgement admended, until then the current judgement remains in affect and I awaited the legal papers to do that so I could review and if I agreed with what was proposed sign and send back. These were never sent.
This year, I received another phone call along the same lines as last year, but the CP explicitly stated that they were going to file there taxes claiming our child. Nothing has been agreed to, nor was any legal documents sent to amend the judgement for me to review how we wanted to do this.
Now to just clarify something, I am not opposed to alternating the exception, but the CP has on several occasions changed verbal agreements by quoting me the actual decree, which is why I want this to be done through the decree so that its on paper clearly defined and not a he said, she said thing. I would hate to agree to something verbally, then they decide to change things and act as if the agreement never happened as has been done before and then have to go and get a lawyer and get it all changed on the order.
I am inquirying now as to what will happen when our tax returns both get there with the same dependent being claimed against the judegement? The CP has refused to send me the necessary IRS form now for all but the first year, so I have been sending the judgement section along to IRS. After an audit they found in my favor upon reviewing why I have been sending the judgement, but I don't think the CP has been trying to claim our child during that time.
I contacted the previous lawyer I had who setup the papers we have and they stated the following when I asked about how long the order applies:
A court order will stay in effect until changed or amended.
Usually a change applies to the future and not to the past
(depending on the issue and depending what the parties agree
to or the court orders).
this is the text of the order section in question:
(Non-CP) will be entitled to claim the child for income tax purposes until the (CP) provides evidence that there income exceeds (X). At that time, parties shall review alternating the exemption and if an agreement cannot be made, the issue may be submitted to the court for a determination.
Now, I have not received any evidence that shows that the CPs income has exceed X ( Just the CP verbally stating that they are going to claim our child). But the main thing is that based on the order section, does the current arrangement still apply until the judgement is legally changed?
That is the main thing I need to know. From what I received back from the previous lawyer, it implies to me that the judgement stays in effect till the order is amended / changed, which would be done through legal means such as a lawyer filing an amendment / change. And to have this changed would be on the CP to have the necessary paperwork filed.
