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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33072
Experience:  16 yrs. of experience including family law.
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I have done the uncontested divorce that was finalized in

Customer Question

I have done the uncontested divorce that was finalized in 2009. We have 3 children from the marriage, joint custody, tax exempt that we each claim 1 and alternate 3rd child. This year was my yr to claim 2 and he say since one of our child is 18 and in college and only worked maybe 2 months he cant claim him. He tells me that i have to let him claim another child and if i don't let him he will file motion to the court. I already filed my taxes and i told him. Is there anything i can do or just wait to see if he follows thru? Also can changes be made on the divorce degree and would i need to get a lawyer?
Submitted: 9 months ago.
Category: Family Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma...but do not understand your question. Are you asking if he can request, to the court, to modify your divorce decree?

Customer: replied 9 months ago.
Can he file a motion to the court about the claiming of our children even though we alternate 3rd child and she hasn't been living with me for half the yr?
Expert:  P. Simmons replied 9 months ago.

He could...this is part of the "support" order...and child support can be modified at any time. So he could make this request.

Just because he asks for it does not mean the court will grant the request...he has the burden to prove why the court should grant this modification to the order.

But he can make the request

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
In our uncontested divorce it doesn't say who we each claim nor who we alternate only that we each claim 1 and alternate the 3rd every yr and this is my yr to claim 2. But he thinks he can't claim our 18yr that's in college and only worked maybe 2 months
Expert:  P. Simmons replied 9 months ago.

In that case, I would expect you to win this (if it even goes to court)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
Ok. Would i need a lawyer if i needed to get property taken out of my name? I have asked him every yr since the divorce and tells me he can't refinance. It says in the divorce he is granted and responsible for the property but unfortunately did not know there was suppose to put a time frame so that is blank
Expert:  P. Simmons replied 9 months ago.

You would...you would not want to do this by yourself. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

But what you are requesting is possible

Expert:  P. Simmons replied 9 months ago.

Follow up.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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