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Counselor
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Category: Family Law
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Experience:  Eight years experience as a domestic violence and child abuse prosecutor.
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how do I write a letter to a judge asking to modify the divorce

Customer Question

how do I write a letter to a judge asking to modify the divorce to state that I (the cp) can claim my child on taxes. The divorce has been final for over 5 years and my daughter lives with me over 90% of the time.
Submitted: 5 years ago.
Category: Family Law
Expert:  Counselor replied 5 years ago.

You don't want to write a letter, you want to file a petition for modification of support order. In the petition, you simply set out the facts: That the original order provided that your ex-spouse was allowed to claim the child, that you now provide 90 percent of her support (assuming that is correct), and that based on those facts, you are asking the court to provide that you be allowed to claim your daughter as a dependant on your taxes.

 

Counselor

Counselor, Lawyer
Category: Family Law
Satisfied Customers: 631
Experience: Eight years experience as a domestic violence and child abuse prosecutor.
Counselor and 9 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
When I called the court house they said to just write a letter to the judge that will be filed as a modification, so do I address it to any judge? I also need to send a certified copy to the ex, and the clerk said the judge would set a hearing. In this letter/petition for modification is there a certain format I need to use? Do I provide the proof that I provide more then he does in support? I know that I'm suppose to reference my orginial divorce decree number. Is this correct?
Expert:  Counselor replied 5 years ago.

First, you should address it to the judge in the court that originally granted the divorce. Second, there is no special format you use if you are simply doing a letter, although I would use numbered paragraphs, and simply gothrough the points that I listed in my original answeer:

 

1. Original order provided husband was to claim child as dependant.

2. Circumstances have changed and now you provide more than half of the child's support.

3. You request the court to modify the original order.

 

Counselor

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