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Should I do this?

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bononos

Senior Member
I proposed an order to ex and his atty. a few weeks ago based on the evaluation recommendation.
No response.
I plan on Tuesday to file for the concilition to have our custody modified.
Should I write a letter to ex informing him of my plans before I file and give him the opportunity to discuss/agree with the proposed order?
He is the one who it costs in attorney fees when I file. I am hoping he will maybe see the expense this will be and just agree on something he or his attorney may advis is inevitable (although I know nothing is).
 


Mbarr77

Member
bononos said:
I proposed an order to ex and his atty. a few weeks ago based on the evaluation recommendation.
No response.
I plan on Tuesday to file for the concilition to have our custody modified.
Should I write a letter to ex informing him of my plans before I file and give him the opportunity to discuss/agree with the proposed order?
He is the one who it costs in attorney fees when I file. I am hoping he will maybe see the expense this will be and just agree on something he or his attorney may advis is inevitable (although I know nothing is).

I would not either. You have given him a chance, and he chose not to repsond. Maybe he will take this more seriously if he sees you were being serious.
 

bononos

Senior Member
Thanks guys!
I just hate for it to drag on and end up like it did when we did our first and current order...a costly battle that we ended up agreeing on in the hallway before court - although that was a stupid move to agree on my part.

In the order proposal, I mentioned in the letter about a swim class I wanted to sign our son up for. The more conveinet class on Saturdays would mean ex would have to transport EOW. I wanted his OK on it. He didn't even respond to that. I ended up signing him up for Tuesdays.
 

bononos

Senior Member
Almost Forgot!

He and his atty. did NOT have the evaluation report yet. I filed a motion 2 weeks ago, improperly, saw his atty. there. He asked me for a copy of the report in the hallway. That was on Jan. 26. So, they probably just recently actually got to review it.
 

bononos

Senior Member
There are 2 other issues I wanted to address with him as well. I never discuss anything. I always have it on paper and mail it. Any amendments would be great, I guess I should take out the filing part.


I had written a proposed custody plan based on the evaluation for you and your attorneys review. I received no response and had mistakenly filed improperly to have our current order modified. I am writing to inform you I will be filing, properly, on Tuesday, Feb. 14 for the judicial conciliation to be scheduled. I wanted to give you one last opportunity to respond to the custody proposal. Should we come to an agreement, it will avoid the expense that is to come. I assume your attorney has received the evaluation by now, I had given him the information at the court house to retrieve it.

Please inform me in writing if you are in agreement so we may schedule to have the order approved by Judge ********.

I had also requested your agreement to transport ***** to a Saturday swim class I had signed him up for. Since I received no response, I signed ***** up instead for the Tuesday evening class so you will not need to transport him to any classes.

I have also claimed ***** on my taxes. There is no mention of claiming in our court order and I am the only one who qualifies to claim him as I am the main financial supporter. Joint custody does not mean you can claim every other year. You may only claim if you fit the IRS guidelines. I have sent the IRS all necessary evidence for this issues to be resolved.

There are guidelines that the IRS follows:

- The dependency exemption can not be split. Generally, the custodial parent is treated as the parent who provided more than half of the child's support.


The ridiculously low support order that is temporarily in place and the bills incurred for *****’s health, care, and basic support are a vast amount apart. I am the primary financial supporter for *****, you provide 8.5% towards his monthly “on paper” bills, meaning I provide 91.5%. I have provided the IRS with all billing and documents to prove this. I suggest you file an amended return before you face repayment, penalties, and
fines.
 

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