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How can I enforce my CR2A settlement agreement in Snohomish County, WA which states that I get my children as tax exemptions?

Everett, WA |

The CR2A settlement agreement states that I am to receive 2 of 3 child tax exemptions. My ex-spouse refuses to release them on the appropriate IRS form. She communicated this to me via text. It's been a while since I took her to court and I was wondering what would be the fastest most efficient method to resolve this matter through Snohomish County District Court.

Attorney Answers 3

  1. Best answer

    A dispute involving the CR2A would be resolved in superior court, not district court. The CR2A has to be filed to be enforced. Normally you would have to file a motion to enforce, or for contempt. You should consult with a family law attorney, who can review the pleadings and the CR2A, and interview you more fully about the facts. See my AVVO Legal Guides for more information about the legal issues raised by your question. To find my Legal Guides, go to my AVVO home page by clicking on my photo; scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question.

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  2. You would need to file a motion through the same case number as your petition for dissolution of marriage. In WA, petitions for dissolution are heard in the superior court. Filing in district court would not be useful for you and may even result in you being sanctioned by the court.

    You should review your order of child support. This order would usually be the one in which WA courts order which parent gets to claim which child as a tax dependent.

    Perhaps the language of the order meets the requirements of the IRS to allow you to claim the children as tax dependents.

    You should review the specific facts with your attorney to find out your legal options.

  3. I agree with the previous answers. First, this would be heard in Superior Court. Second, a CR2A is a binding contract between the parties. Either the CR2A is enforceable or the Child Support Order that was drafted based on the CR2A is enforceable. Either way, a motion in Superior court to enforce the agreement would be appropriate.

    Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship.

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