Divorce Agreement

Question: Divorce agreement says I can claim children on taxes, but my ex just did? My electronic filing was rejected because my ex had claimed the children already. The divorce agreement says I should claim the children on the taxes and I'm paying support, and I'm current. Do I have to take her to court for contempt?

Answer: Did your divorce lawyer put language in the divorce decree that orders your wife to sign and return IRS Form 8332 for you to file with your taxes? Did you ask her to sign it? Give her a choice. 1. File an amended return. 2. Figure out how much you lost from not getting the exemption, and she can pay you that amount. 3. You take her to court, ask the judge to find her in contempt, to order her to refile, fine her, and reimburse you for your attorney's fees.

Question: Can a Special Referee sign of on a Stipulation of Settlement for a New York Divorce agreement? Does a New York State Judge have to sign off a final divorce agreement or does a Special Referee have the same authority?

Answer: yes

Question: At what age is a child no longer a minor in NY state when they are a considered a minor in divorce agreement? My divorce agreement states that my ex husband is liable for child support, medical bills my "minor" children as long as they live with me. At what age does this go to?

Answer: under 18 = minor in the eyes of the law

Question: Anyone know how to retrieve a lost divorce agreement? I'm trying to get a hold of my parents' divorce agreement. My mother can't find it but we need it to confirm what should my father should be paying as support. My mother is not well and can't search for it herself so I'm hoping there's a way I can get it. - Am I even legally allowed to obtain it? - If so how do I go about getting another copy? Any help would be great I'm in Toronto, ON where the divorce took place. Also, if the case never went to court but was resolved between my parents and their lawyers, would the courts still have the agreement?

Answer: Hi Amy! You may contact the Department of Vital Statistics in what ever county, (or Parish, if you live in Louisiana) that granted your parents' divorce. The county will provide you with a copy of the divorce decree for a minimal cost, which varies from state to state. This service is available to anyone at any age. If you would like to email me privately through my profile, I would be more than happy to help you with your research. I pray that your mother regains her health, and that God may bless you and your family during this difficult time.

Question: Divorce Agreement: How did you address your child(ren)'s education/school expenses (up to college)? How did ad? How did you address your child(ren)'s education expenses (up to college) on your divorce agreement?

Answer: Fortunately I have not had a divorce, but my parents did and the reprobate who impregnated my mother did absolutely nothing to help provide for my support. Do all that you can and you will bring happiness to yourself and your child(ren).

Question: Which takes precedence in divorce agreement, retirement agreement or child support agreement? Divorce agreement clearly states that the retirement funds, i.e., IRAs, belong to the individual owners and are not available to the other party. However, child support agreement bases amount of child support on Income. If IRA, which only belongs to the indivdiual, is cashed out, it does, from a tax perspective, become income. But it's income from the fund clearly stated as not available to the spouse. What is the precedent? Does child support requirement increase, or since the source is the unavailable, to the other party, retirement fund, is the income excluded from the child support calculation? Which of the divorce agreements takes precedence?

Answer: probably child support

Question: Divorce agreement says pensions of both parties remain with owner.Cashed out is it income for child support? Child support is based on income. Cashing out retirement pension is considered income. But divorce agreement states pension belongs to individual owner. Is the cash from the retirement pension considered income to be calculated in child support even if the divorce agreement kept the pensions separate and owned by one individual.

Answer: It depends upon the state you live in. Every state has their own guidelines that they use to calculate child support. What one state considers income another might not. You can get a rough estimate of your child support using one of the online calculators. Here's a good one http://www.divorcehq.com/calculators.shtml This will give you a ball park amount. Your actual child support should either be calculated using your state guidelines or through a mutual and fair agreement between the parties.

Question: Divorce Agreement: How did you address your child(ren)'s education/school expenses (up to college)? How did address your child(ren)'s education expenses (up to college) on your divorce agreement?

Answer: i or more precisely speaking my new husband (as i am totally unemployed) is paying for everything. god bless him. dead beat loser father doesn't even pay child support and u re saying school expenses? if i didn't find my wonderful man me and those 3 children of mine would have been in a deep butt hole

Question: What is a reasonable time to expect your settlement check once the divorce agreement/doc is sign by judge? The person already have the money, basically there was an order for the money not to be spent until the divorce was final. So the money is basically sitting in a bank. What is the expected reasonable time until you start to push? I have been waiting for a whole month and haven't heard anything. I would understand if the person has to gather the money together, but the money is already right there.

Answer: Talk to your lawyer. You would be able to get an order of garnishment which would allow for you to take it out of the bank. One month however is around t he time frame. Check the divorce agreement and see if there are any time limits in there.

Question: What do you wish that you included in your DIVORCE AGREEMENT? Or what do you wish that you had left out? I am having a meeting to settle the divorce matters because I am sick of going to court everytime he has a tantrum. Is there something that I should be sure to include? Something that you wish you had not included? Thanks.

Answer: Make sure you alternate years for who gets to claim the kids for taxes. Have health insurance, education (preschool-college) clearly mapped out (who pays what) Split cost of any sports or extra curricular activity (including uniforms, balls, instruments, etc.. State who will pick up and drop off kids when he has them...I drop my kids off at my ex's and he brings them home to me. How will you celebrate birthdays? Who pays for the party? Halloween Costumes? IF he has them Halloween, does he buy the costume? Have it stated that if someone has an issue that cannot be resolved, that person has to PAY for a mediator...keeping you out of court.

Question: I need to find a download of court appearance waiver for divorce agreement.? I am looking for a copy or place that I can download and print a court appearance waiver for waving your rights to appear in court on divorce proceedings. Its for a good friend. Can anyone help. Ive tried some supposed free legal form sites but they don't turn out free or don't have what I need.

Answer: Here are some options and (lawresearch.com) has some of them.~ Sample Marital Dissolution Agreement for Tennessee Uncontested Divorce ... ... agreement shall be in lieu of service of process for the period such waiver is ... appearance before the court and answer which shall give the court personal ... Free Legal Forms Free Legal Forms .net offers over 2000 legal forms for free online. ... To find the free legal form that you are looking for, use the search box below ...www.freelegalforms.net - Cached Free Legal Forms Site Map - a complete list of contracts. Free legal forms site map is an easy guide to find free legal documents, contracts and agreements. ... FREE LEGAL FORMS. SITE MAP FOR LANDLORDS. Eviction ...www.free-legal-document.com/free-legal-forms-site-map.html - 72k - Cached Free Forms - U.S. Legal Forms Non-government sites attempting to provide free forms should be used with great ... © 1996-2009 U.S. Legal Forms, Inc. - All Rights Reserved, a USLegal™ Site. ...www.uslegalforms.com/freeforms.htm - Cached U.S. Legal Forms - 36,000 Legal Documents, Forms, Real Estate, Landlord ... U.S. Legal Forms is the original and premiere site for legal forms on the Internet. ... Order Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone. Monday ...www.uslegalforms.com - Cached Free Legal Forms & Contracts - Philippines A reference site for commonly used legal forms used in the Philippines. Free legal forms are: Deed of Sale, Affidavits, Power of Attorney, Affidavit of Loss and ...legal-forms.philsite.net/index.html - Cached Free Legal Forms ... up for FREE access to a comprehensive. collection of links to thousands of Legal Forms. Our site is 100% free. Participation required. How to get your Legal Forms ...www.freelawlibrary.org - Cached Free Legal Forms | Business Forms | Contracts free legal form ... This site requires javascript to work properly, please enable javascript. ... community contributed free legal forms ...yourfreelegalforms.com - 198k

Question: How do I go about enforcing a debt from a divorce agreement? I also have a court order for court cost.Iknow this person is about to recieve an inheirentence.

Answer: File an action for mandamus in court for the person to pay his debt arising from a divorce agreement. Prove the debt and present the agreement so that its provisions can be enforced.

Question: No divorce agreement after 6 months. Can I file for bifurcation to restore myself to single status? 6 month waiting period is over. temporary child support and spouse support settled. I want to get back to single ASAP.

Answer: What state are you in? A few states allow bifurcation no matter what the reason. Some states require a compelling reason, like one spouse is abusive and using the legal status of marriage to wield power or one of the parties wishes to remarry. You can certainly file and see what happens.

Question: What can be done in California about a divorce agreement that was based on false information? My fiance was divorced four years ago and agreed to release right to any accounts held in his ex wifes name. We recently found she had a secret bank account - statements mailed elsewhere, money deposited while they were married. This was never disclosed in any legal paperwork and if he had known about it, he would have never given up his rights. What can be done now?

Answer: If she got all monies that were in the accounts he sign off on or if they split it 50/50. If you can prove what your saying they might charge her with fraud. Contact the lawyer that help him get divorced

Question: My husband and I are about to sign an agreement in Idaho, how much longer till divorce will be final? What should I expect after he signs the agreement for divorce? Also if he falls behind on child support payments is there a way I can claim my child on my taxes until he is caught up?

Answer: You send it off to the judge and wait for him to sign off on it. The judge could sign the next day, or it could be 3 or 4 weeks. It kind of just depends.

Question: Should a minor child have independant counsel if made a party to parents divorce agreement? two people divorcing, part of their divorce agreement will put 50% of real estate in the Childs name with his father. The agreement take his mother's name off the property and the son's name goes on. Should this child have independant counsel considering that neither parent can act objectively in the child behalf?

Answer: The child can have a separate lawyer in order to protect interests in the divorce agreement of his parents.

Question: Who has the right to claim my son on their taxes? Our divorce agreement says he is this year? But, it also states he's not to move 25 miles from us and he's supposed take him 1/2 the time. My son's father fled to Florida 3 years ago due to some legal trouble he was in and I have our son 100% of the time. In addition his father has not sent a dime to help out. I filed my taxes assuming I was in my rights but they got rejected because, though he's denying he did, i believe his father claimed him. Who is legally supposed to claim my son?

Answer: Unfortunately, there is severability in child support and custody orders. What this means is that, just because one thing is not happening for whatever reason does not give the parent the right to withhold or change the other. Example: Johnny Scumbag doesn't pay his child support, but faithfully arrives every two weeks to pick up his son for his visitation. Custodial mother says "Oh, no, you haven't paid your support, you cant take him". WRONG. In the eyes of the court, each issue is dealt with separately. Not being able to come for visitation does not make it okay for you to change the order to suit your own needs. Your return SHOULD have been rejected because you do not have the legal right to claim him for that tax year. Regardless of what he is or isn't doing, or paying or not paying. The order was put in place in the interest of fairness. Legally, it is your ex's year to claim him, and legally, he should. The only way to change this is to take it back to court but know this: You won't be looked upon kindly by a judge if you are going back to court solely over who claims your child what year. Additionally, I highly doubt he was told he "couldn't move more than 25 miles from you". He was told (letter of wording for custody orders) that he can't move more than 25 miles away without thirty days written notice. Big difference. If he moved three years ago with no notice, why are you choosing NOW to wave that card around when you did nothing about it three years ago? Bottom line: Children are not simply pawns or tax deductions. You need to talk to your ex and you both need to start being fair and putting your child first instead of dickering over money and who claims him when.

Question: I am divorced and have been given the house in the divorce agreement. Do I need to change the deeds? The house was in joint names and now it will be just me.

Answer: Yes you should change the deed to reflect the change of ownership to you as the sole owner immediately. In order to do this you will need a court order from the presiding judge that is handling your divorce case. Once you have the court order you should contact a local title company to make sure this recording is done correctly. Going through a title company could possible save potential legal problems in the future. Since this is a divorce proceeding you need not refinance the mortgage to do this change of ownership. Your court order should also reflect the person that is responsible for the monthly mortgage payments. I hope this has been of some use to you, good luck. "FIGHT ON"

Question: My Ex wife is not maintaing property as per divorce agreement? My ex wife was allowed to stay in my house until my son was 18. One of the agreements was that she maintained the property up to a standard as it was in 2007. Unfortunately she has not maintained the property at all. She refuses to allow me access to inspect the property but the outside has deteriorated substantially and the rear garden is massively overgrown with brambles. What can I do to ensure she renovates up to reasonable condition. I am the owner of the property, she has a financial interest (50%). Any advice would be greatly received.

Answer: The first stage is to ask your solicitor to write to her. (You could write to her yourself, but she wouldn't take any notice). Point out her obligations under the agreement and set out what action you want her to take. Say that if she fails to take the action within 21 days, you will apply for a variation in the order so that you have custody and she is evicted.

Question: Can an old divorce agreement be enforced? about 20 years ago me and my brother were promised in a divorce agreement a sum of money from an old stepfather. the stepfather and my real mother had used money given to us (my brother and I, in our names only) by people at my fathers funeral and an old union pension my father had also after he died and we were forced to move back with my mother as we were still minors. he had it put in the divorce agreement that he would pay me and my brother back when he and my mother were divorsed, but I just found out recently that it was actually in the agreement. can I sue for this money now or is it too late? if so can interest be added etc.? my father left no will, but had full custody of me and my brother for years prior. before my fathers death we rarely communicated with our mother, but had no choice after his death but to go to my mothers. he only agreed to pay a few thousand to each of us, as he (stepfather) said he was only responsible for half and my mother should pay the rest.

Answer: The answer is yes, unless your state has a very unusual statute of limitations provision. The only question is what you mean by "divorce agreement" - if it's a settlement agreement that was implemented as part of the Court's order granting a divorce, then it is not a contract, but rather a Court order, which has full force regardless of the date on which the order was made. If it's a contract, there is no breach of the contract until a demand is made and refused - therefore the statue of limitations on the breach hasn't run.