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In premilinary hearing the child & spouse support (for house rent payment) been agreed but at that point my ex-husband lawyer

Sebastopol, CA |

notified me that in tax exemption my ex-husband will have my 2 kids as his tax exemption. We both swear infront of the judge but no final paper that we both sign yet. If I change my mind about tax exemption & prefer 1 kids for both of us.What process should I do?

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You should contact an experienced family law attorney in your area to help you understand how claiming the tax exemptions will affect your child support amount. It may turn out that it's better for you to let him have the tax exemptions since he makes more money than you.

If the children live primarily with you, then you may have a legal basis to claim them on your tax return as well. Take a look at the IRS requirements for claiming children as tax exemptions. But if you agreed to give him the tax exemptions in front of the judge, it is a binding agreement (at least for 2012) even though you haven't signed the papers yet.

Many things will probably change between now and the final divorce settlement, so nothing is written in stone regarding the tax exemptions for future tax years. Good luck.

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If you reached an agreement in court about tax exemptions, which was put on the record, then it sounds like you have a court order on such terms. Just because the order after hearing has not yet been drafted does not change the order. There is a legal process by which one side can implement the order if the other side refuses to sign the stipulation containing the terms agreed upon in court.



Clarify pls. He can implement a legal process even I disagree & not signing the divorce paper yet.

Michael John Apicella

Michael John Apicella


Per CA Code of Civil Procedure: "If parties... stipulate...orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." Also, please note that if one party is forced to file a 664 .6 motion to enforce stipulated terms, they can also request attorney fees incurred for such motion.


Because you reached an agreement in front of the Judge, if you want to change that agreement, you should file another motion with the court to do that. Before you do that you should consider how taking one or both of the children as a tax exemption will affect your child support order. It usually lowers the amount of child support to be received

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