Q: I am looking to file a motion in supreme court....my ex would runn out the first week of jan and file her taxes claiming both of our children for deductions, our separation agreement states we both get one child as a deduction, so when I filed my return would be rejected.
It also states that if we could not agree one or the other could file and let the court decide...she nor I have ever filed for that ruling...that is what I need to file
Had she followed the agreement I would have no arrears and I would not be in the financial straights I am currently in....I need help
A: David's Answer: If the agreement allows you to take a deduction, then you should be allowed to do so. My question is whether you've attempted to communicate with your ex about the issue. Most such agreements have default provisions requiring such communication to be in writing (& usually via certified mail) as a pre-condition to filing an enforcement application. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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