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Please be so kind as to clarify what you need; What type of "plea" do you want or need to file ?
Thank you and I look forward to your reply and to assisting you,
My ex husband is suing me for taxes. I am the custodial parent and wont let him claim our son. He is suing in me texas state court. I know this is a federal case. I followed federal rules. I need to file a plea of jurisdiction as my response. It is a civil case and I can only find examples or sample forms for criminal. I know I need to give some information on why it is not their jurisdiction (i think) but not sure the format in which I should file. His goes in a 1. 2. 3. format but it doesnt match what I should do. His first line 1. discovery level. not sure if that would match mine since I am saying the state court doesn't have jurisdiction
Good morning, Lara, Thank you for your reply,
I need information on the following in order to give you a more complete Answer,
1. Did a California Court decide the custody issue ?
2. If so, did you or your child's father transfer the case to a Texas Family Court ?
There have been numerous modified cases, the last one in CA states every other year. I brought the case to Texas to enforce numerous items, this is where he lost joint possession and our son lives with me. Our modified court paper that is in effect now he refused to sign and the judge (on third time there) wrote in taxes will follow previous order only when valid. She marked it large and circled valid. I refused to sign the waiver and claimed my son. Federal law states that divorce or custody papers do not matter to them only thing that matters is who has custody/takes care of child more than 50%. I just dont know how to write the correct format to respond. I can write a opposition but cant grasp plea of jurisdiction. It doesn't seem to be the same format as his. If his is even correct, I dont know
Hi, Lara, Thank you for your reply and your additional information,
By way of introduction, please let me say that I am a Licensed, Practicing Attorney with 25 years experience and I have a post-Doctoral degree in Federal Taxation. I am giving you my credentials so that you can be assured that I know of what I speak,
I took the time to read your previous questions so that I could more fully understand what you were asking. I apologize, but I must respectfully XXXXX XXXXX with the three answers you received from your second expert. I also read the article she referred to and found that it was totally irrelevant since the predominant reason for asserting "pleas to jurisdiction" is a claim by the State, municipality, or other governmental entity to sovereign immunity, immunity from suit and immunity from liability. I am providing the link to that question page for your reference below, and you are certainly welcome to request a refund from Customer Service at [email protected]
While your question deals with a Federal tax deduction of a dependent, it is not a Federal question per se, and it does not belong in Federal Court for the reasons I will set forth below. Moreover, the Federal Court would decline to hear this case. Also, your child's father is mistaken in bringing a separate lawsuit against you in civil Court.
Although this matter involves a Federal tax deduction of a dependent arising out of a custody agreement, any inconsistencies between the Internal Revenue Service's definition of "dependent" and the terms and conditions and rights and obligations of the parents embodied in the custody agreement and Custody Order must be heard in the Family Court having jurisdiction of this case. Since the case was transferred from California to Texas, the issues presently arising on the dependent deduction must be heard by the Texas Family Court. Please be assured that the Judges are well versed in the Internal Revenue Code and would not expect, or order either party to act in any way that would be contrary to the Internal Revenue Code. You are entitled to the deduction of your son as a dependent because you meet the eligibility requirements of the Internal Revenue Code. If your son's father wants to assert any claim for taxes he would have received had he taken your son as a dependent, he would have to assert them in the Texas Family Court which has jurisdiction of the custody matter. There is no question that he would lose his claim, but it will be the Family Court that will have the pleasure of informing him that he does not have a valid claim. Therefore, what you must do in response to your son's father's lawsuit in Civil Court is to contest subject-matter jurisdiction of the Civil Court in this matter because this is a domestic relations/family law matter within the sole jurisdiction of the Texas Family Court. And, if the custody agreement.Custody Order states that the father is to take your son as a dependent, the custody Order would have to be amended to reflect the realities of the living arrangement of your son and to meet the requirements of the Internal Revenue Code. Neither the Federal Court, nor the Civil Court has jurisdiction to amend the Custody Order, therefore, neither Court would have the authority to amend the Custody Order of the Family Court. As I stated above, jurisdiction of every aspect of this matter and any issue arising therein, lies solely with the Family Court.
1. The father's claim cannot be heard in Federal Court, or in Texas Civil Court because neither Court has jurisdiction;
2. The Texas Family Court has sole jurisdiction of this matter;
3. You must file an Answer to the lawsuit filed by your son's father by asking the Civil Court to dismiss his Complaint for lack of jurisdiction
I realize this might by a little confusing, so if you need any clarification, please let me know and I will be glad to explain further,
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That does make sense, thank you. So instead of how to do the plea I would need to know how to do my response now. I understand what and why but not how. What should I use to respond to his motion for enforcement? I found opposition to motion, is that what I need now? I cannot even find his format anywhere not even sure if it is correct, his has areas I dont think I would put. Is there a simple way, but correct way, for me to file my response? Hope I am asking this in a correct manner.
It would be impossible to say what your responsive pleading should look like without seeing what he has filed. Were you served with a pleading titled, "Complaint" ? Because that is how cases are commenced in Civil Court. Since this is the first time he is suing you in Civil Court for his alleged refund, it should be titled that way.
I would be glad to look at it and assist you in drafting it, but we would first have to finish up with this question with a rating. Then, if you want to send his pleading as an "Attachment", I will be glad to review it, and assist you in drafting your responsive pleading, but that would constitute a new question,
The first page where the person that served me says "citation" my exes paperwork says he is petitioner and I am the respondent - this is odd only because the case continues under the original case and I am the Plaintiff and he is Defendant. It says "YOU HAVE BEEN SUED" in all honesty the paper that was drafted for me to be served and his paperwork contradict the other, I think. His written motion looks as if he did file it with family law but the citation does not. It is "signed' by harris county district clerk.
Petitioner and Respondent is fine, that means that he has filed a Petition. But what is the full name of the Court that is typed on his pleading ?
2. What do you mean by it, "...continues under the original case........... " ?
3. Is the case number XXXXX his Petition the same as the case number XXXXX the Family Court ?
The case number XXXXX his motion has the original case number XXXXX family court that was assigned, it has never changed for each time he is been in contempt or for the modification. The cause number on the paper that was served and signed for is the same as our family law case.
Even though it says I am being sued does this fall under family law? Can I be sued under family law?
He is not suing you under "Family Law" as if it were a different set of laws, or rules. It is simply a Family Law matter which should be heard by a Family Court Judge. Even though you are now divorced, the claim he is making is the result of the Custody issue and that is why it must be heard by a Family Court Judge.
If his Petition has the same case number XXXXX the Family Court matter, the case should be heard in Family Court. The Civil Division does not issue the same numbers as those in Family Court. If he filed his Petition in Civil Court, the Civil Court Clerk would have given it a case number XXXXX the Civil Court. It does not look like he is suing you in Civil Court
If he filed a Petition, he is not really suing you because when a party Petitions the Court, the party is requesting the Court to grant his prayer for relief; he is making application to the Court for relief of some kind. As the Respondent, you would file an answer requesting that the relief sought should be denied and specify the reasons for your request that he be denied the relief requested,
You can deny everything in his Petition, but you will have to ask the Judge for "Leave to Amend" your Answer to include your claims, if you do so at a later date. The best way to give your side of the story is to assert it as a Counterclaim in your Answer to the Petition,
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