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I got divorced in 2015, according to the divorce decree my…

I got divorced in...

I got divorced in 2015, according to the divorce decree my ex wife can claim he child on even years and i have odd years. The decree also states that we will split all cost on activities for the child. I am the custodial parent. In the last three years she has not offered to assist in paying anything in helping raise the child but will still claim him on taxes. I went ahead and claimed him for her year because of this. Can i get in trouble for this?

Lawyer's Assistant: What steps has your ex-wife taken? Have they filed any papers in family court?

None yet

Lawyer's Assistant: Family law varies by state. What state are they in?

We are in ohio now but our divorce was in AL

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this point

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Answered in 1 minute by:
11/5/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,862
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

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Customer reply replied 9 months ago
Hello,
I sure will

By claiming the child in the years your ex is suppose to is in violation of the court order and therefore you may be held in contempt. Since she is also in contempt of court for not paying 50% of the activities, you may file a motion for contempt against her.

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You have a legitimate complaint against her and you do not want to lose your legal footing by also being in contempt of court.

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Customer reply replied 9 months ago
Does contempt mean jail time

It can, but it there are many other penalties for being in contempt. Jail is usually last resort or for repeat offenders. Usually there may be a financial penalty.

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Customer reply replied 9 months ago
in extra curriculars it states the parties shall share equally each and all extracurricular activity cost of the minor child. that does also mean living and school, correct?

For instance, since your ex has been in contempt for 2 years, she may be ordered to pay 50% of the activities plus interest, plus your legal fees.

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That does not include living expenses. It includes things such as sports, clubs, field trips, etc.

Jessica B
Category: Family Law
Satisfied Customers: 1,862
Experience: Attorney at Donald B. Linsky & Associates, PA
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Jessica B and 87 other Family Law Specialists are ready to help you
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Customer reply replied 9 months ago
i guess what i am asking is is there a gray line between what extracurriculars are? does this also mean help with living expenses?
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 124
Verified
Phone call session started

No living expenses are deemed child support. Extra curricular activities are separate.

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Customer reply replied 9 months ago
Ok thank you! anything i should do since i claimed him for 2016

Allow her to claim for 2017 or have the judge approve it for her being in contempt of court.

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