J. Richard Kulerski Esq.'s answer Yes. Alternating years for child income tax exemptions is very, very commonly done. However, such exemptions were outlawed on January 1, 2018. We still use the terminology because the IRS will allow only the designated parent the child care tax credit. Talk to your accountant or tax preparer.
J. Richard Kulerski Esq.'s answer Life insurance provisions appear in Marital Settlement Agreements to secure the payment of child support or maintenance. They are mandatory for the most part, but the amount of the death benefit can be negotiated.
J. Richard Kulerski Esq.'s answer Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.
J. Richard Kulerski Esq.'s answer Absolutely not. The obligation must be reduced to a court order in order to be enforceable, or in order for him to get the tax deduction. Remember, whatever he pays you must be claimed as income on your taxes. However, the deduction will no longer be allowed for all maintenance orders entered after January 1, 2019. It will be tax free after that.
J. Richard Kulerski Esq.'s answer You have asked a very good question, but I doubt if anyone can answer you authoritatively at this time. Not enough is known. Things should become clearer as January 1, 2019 draws nearer.
J. Richard Kulerski Esq.'s answer Unless your Judgment specifically provides for automatic yearly adjustments, you only have to pay the sum that is required in the Judgment. Without this language, it would be up to your ex to go back to court to seek a modification. Until then, you pay the amount in the Judgment.
J. Richard Kulerski Esq.'s answer Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The answer is even more difficult to answer because we don't know what county your are in, or what judge you will have. Some counties are stricter than others when it coms to removal. Try to negotiate a deal with...
J. Richard Kulerski Esq.'s answer When a payment is missed, a separate judgment is automatically entered against the obligor in the amount of the missed payment. These series of mini judgments have the same weight and enforceability as all judgments. They become final after 30 days. Most people seek to enforce them by taking the obligor spouse back to court to have him/her held in contempt for non-payment.
J. Richard Kulerski Esq.'s answer I don't quite understand the facts of your situation, but if you moved the kids more than 25 miles, you needed to do it properly. It sounds like you did not follow the law. If that is the case, the judge was obligated to deny your relocation.
J. Richard Kulerski Esq.'s answer You can definitely buy another home while separated or during the pendency of a divorce. It will be deemed to be marital property unless you and your spouse agree that it will be just yours.
J. Richard Kulerski Esq.'s answer That's not the first thing. You must serve the subpoena on the person from whom you want the records by registered mail with restricted delivery to that person, and pay him or her the statutory mileage fees. Then, serve the other side with a copy of the subpoena. Be sure to file a Notice of Filing of the Subpoena (to the other side) with the court. When the process is completed, then e file the subpoena.
J. Richard Kulerski Esq.'s answer No, you do not have to pay any of your ex's health insurance premiums unless your Judgment for Dissolution specifically requires you to do so. Upon divorce, your insurance contract automatically disqualifies your wife from coverage under your policy.
J. Richard Kulerski Esq.'s answer It all depends upon the county, whether or not lawyers are involved, the motivation of both parties to divorce, the skill of the participants in knowing how to process a case expeditiously, and whether or not there are any issues in the case itself. Just because there are minimal assets does not mean the case will necessarily be quick. You did not mention if there are any children or support issues involved.
J. Richard Kulerski Esq.'s answer There are no forms for this type of post-judgment matter. You must hand craft a Petition to Modify your Judgment, and allege and prove that a substantial change of circumstance has occurred since entry of the last Maintenance Order. When you file the Petition, you will be given a court date, and you must send a proper Notice of Motion to your ex.
J. Richard Kulerski Esq.'s answer I don't believe there is a clear answer to your very interesting questions. I am unaware of any case law covering this issue. The answer could lie in the exact wording in your judgment. If that doesn't help, then logic might apply. In any event, it will be up to the judge, and he/she should be as puzzled as I am.
J. Richard Kulerski Esq.'s answer File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt against your ex because of his support arrearage.
J. Richard Kulerski Esq.'s answer Technically, you don't have to file an Appearance because you are already of record. However, this type of Appearance is free (if you filed one in the case in-chief), so I would recommend doing so, especially if you have moved or have a new phone number.
J. Richard Kulerski Esq.'s answer It sounds like a good case could be made for the $50,000 being marital property. However, if she combined the $50,000 with her actual inheritance, the entire account would not be deemed to be marital property.
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