My question involves a marriage in the state of: California
My wife was divorced 5 years ago and has a child with her ex. There is unfortunately no means of sane communication between them and some conflict always arises. Her ex is quick to go back to court and file a motion for everything he wants.
Prior to a divorce decree that was issued in September 2011, there is a court order asking my wife to allow her ex to claim their child as his dependent for tax purposes. The exact text is as follows:
Dependency exemption to go to father. Mother to sign necessary documents to transfer to father including IRS Form 8332.
There is no mention of this again in the divorce decree (dissolution) or any subsequent orders (there are several mediations and hence orders). Her ex has been claiming their child as his dependent for tax purposes since that order. My wife has allowed him to, since he makes much less and she was working, and primarily because she wanted him off her back. Now she is married (1 years ago to me), not working and pregnant, and has the additional expense of sending their child to visit her father 3-4 times a year. We live in PA. My step-child has been living with us this year and for more than 50% of the year with us compared to with her father. This is sufficient for us to be able to claim her as a dependent.
My question is: Are orders prior to divorce decrees valid, especially without mention of previous order being valid in the decree? We want to let go every time just because we don't want to deal with the back and forth, arguments, as well as the additional expenses if he goes to court again. But we are tired of being taken advantage of every time.
Let me know if any more information is needed.
Thanks,
AJ
My wife was divorced 5 years ago and has a child with her ex. There is unfortunately no means of sane communication between them and some conflict always arises. Her ex is quick to go back to court and file a motion for everything he wants.
Prior to a divorce decree that was issued in September 2011, there is a court order asking my wife to allow her ex to claim their child as his dependent for tax purposes. The exact text is as follows:
Dependency exemption to go to father. Mother to sign necessary documents to transfer to father including IRS Form 8332.
There is no mention of this again in the divorce decree (dissolution) or any subsequent orders (there are several mediations and hence orders). Her ex has been claiming their child as his dependent for tax purposes since that order. My wife has allowed him to, since he makes much less and she was working, and primarily because she wanted him off her back. Now she is married (1 years ago to me), not working and pregnant, and has the additional expense of sending their child to visit her father 3-4 times a year. We live in PA. My step-child has been living with us this year and for more than 50% of the year with us compared to with her father. This is sufficient for us to be able to claim her as a dependent.
My question is: Are orders prior to divorce decrees valid, especially without mention of previous order being valid in the decree? We want to let go every time just because we don't want to deal with the back and forth, arguments, as well as the additional expenses if he goes to court again. But we are tired of being taken advantage of every time.
Let me know if any more information is needed.
Thanks,
AJ
Enforcement of Judgments: Orders Prior to Dissolution or Divorce Decree
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