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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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To whom it may concern. Ive been divorce for 5yrs. My ex-wife

Customer Question

To whom it may concern. I've been divorce for 5yrs. My ex-wife and i have joint custody of our children. I need to know what kind of lawyer i need to go back to court to have the right to file @ least one of my kid during tax season. Also we have a trailer together and she was suppose to get it refinanced to get my name off of it and she hasn't. In the divorce decree she is responsible for the trailer but @ the same time should'nt i b able to collect or she should pay me some of the money she is getting off the trailer? If my kids want to live with me and she doesn't want to give me custody of them what procedure i need to take?
Submitted: 5 years ago.
Category: Legal
Expert:  Tina replied 5 years ago.

Thank you for contacting us at JA for guidance.

 

You will need to look to the original divorce decree to find out exactly what each of you are responsible for. If your ex-wife has violated the decree in some way, you will need to file a motion for contempt in the court where your divorce and decree were entered. If your ex-wife has primary custody, she can claim the children on her tax return. If you have both moved, you may have the judgment registered where you live and file your motion in your local court.

 

It also appears that you are wanting to file a motion to modify the custody of your children. The court will consider many factors, amounting to the best interests of the children in determining who should have primary physical custody. If the children are in their teens, their desire to live with one parent over another does carry weight with the court, but is not the deciding factor.

 

If you need to locate an attorney in your area, a good place to begin is www.lawyer.com. You will want to speak to a family law or divorce attorney and weigh your options based on his or her expertise with your local courts.

 

All the best to you in the coming new year!

 

Note: If I have answered your questions, please press the "accept" button so I will be paid for my time. I am available if you have follow-up questions or need clarification. Thank you.

Customer: replied 5 years ago.
Thanks for your expert advise. In the decree she has primary custody but @ the same time we have joint custody. Basically your telling me since she has primary custody then i cant file one of them even tho we have joint custody. Also in the divorce decree she is responsible for the house as well and as i stated she was suppose to refinance it to get my name off of it and she hasn't. Since my name is XXXXX XXXXX the house should"nt i be able to get compensation?
Expert:  Tina replied 5 years ago.

You cannot claim them as dependents on your tax return if you do not have primary physical custody. I am sorry. Since your ex-wife appears to have violated the divorce decree by not refinancing the home, you may file a motion to hold her in contempt of the decree as I mentioned above. If granted, you may obtain any money damages you have incurred. Your attorney may argue that, in the alternative, since your ex-wife has not abided by the decree, you should receive any equity that has accrued in the home. This is a weaker argument than money damages however.

 

Take care.

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Tina
Tina
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32620 Satisfied Customers
JD, BBA Over 25 years legal and business experience.