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rarsweet
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
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« on: November 14, 2016, 07:38:48 PM »

I got the newest court order 2 days ago. There is a Decree on Parenting Petition included. This is part of the papers everyone must file, a proposed one. It is about tax exemptions for the child. It is a 3 page document with the third page being the signature page where you sign and you get a witness to sign too. The one I just got in the mail is altered. The judge changed the first two pages and slapped my third signature page on it, it actually has on the front page "proposed by rarsweet". In it we alternate tax years, with ex getting this year, even though he hasn't supported daughter in any way all year and hasn't had contact since February. It also says that ex doesn't have to be current with support to claim daughter for taxes, my original said he had to be current. I don't feel that a judge can slap 2 different pages on a document and attach your last signature page on it? and call it yours?
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rarsweet
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« Reply #1 on: November 14, 2016, 07:43:29 PM »

My requests were for me to have the exemption every year and that he must be current on child support to consider changing it.
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whirlpoollife
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« Reply #2 on: November 14, 2016, 11:01:12 PM »

I don't have answers on what the judge did.  I'm sorry things are turning out the way they are for you.
I'm surprised that you were not given the exemption all the time because as in my case I have it because I am the one working.  You are the one working and you have the child , you should have it. 
On back child support , I know if there is a tax refund , not sure if it's a state refund or federal, the back child support comes out of it.  So maybe if he owes and is not paying , you might be get that via the refund.
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"Courage is when you know your're licked before you begin but you begin anyway and you see it through no matter what." ~ Harper Lee
rarsweet
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« Reply #3 on: November 15, 2016, 04:53:19 AM »

Yes the state should garnish his tax refund. Unfortunately what I would get if I had the tax exemption is about twice what he will get claiming the tax exemption. It's about a $3,000 difference. So even if the state takes it from him and gives it to me I lose the $3,000 and I will have to pay in this year at tax time.
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ambivalentmom
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« Reply #4 on: November 15, 2016, 07:11:24 AM »

This is definitely one for the lawyer.  Without an addendum to the document, your signature shouldn't be on there.  The judge could order the new proposal, but should not have your signature on there, should be marked as judgment and signed only by the judge.

Again, go with a professional, it will also answer any questions of paranoia that might be popping up in your head.  I often think there is a huge conspiracy with falsifying documents, when it could just be a lazy lawyer/judge cutting corners.     
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whirlpoollife
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« Reply #5 on: November 15, 2016, 07:57:00 AM »

There is something called , " Motion to Reconsider" that can be filed.   When I received the judges order on my (xh file for) two support issues there were a lot of mistakes from the judge and support dept.  The trial on this was five months prior to so one would think there would be time for the judge and support dept to go over the divorce settlement and incomes.  And one would think that coming from the judge all would be correct.  
One was they had me paying spousal support to xh after final divorce when it was in the settlement , no more spousal after settlement . And it was ignored that I was paying the medical insurance for the kids.
Two major factors, plus others.
This "motion" , stated on paper , filed in courthouse and support dept, sent to judge , pointed out the mistakes. Two months later a new order was issued.  
If you can do this , point out that you had the child for the majority of the year and you are the one working therefore you should have the tax exemption.  

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"Courage is when you know your're licked before you begin but you begin anyway and you see it through no matter what." ~ Harper Lee
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