Mount Arlington, NJ asked in Divorce for Idaho

Q: When do stipulations become binding?

Stipulation was filed November of 2018. Among other things, stipulation agreed that one parent would not claim the children on their taxes in even years. The stipulation became a decree when signed on Feb 4th, 2019. However parent claimed minor children on their taxes stating that it did not go into effect for 2018.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Stipulations are "agreements." Agreements can be ruined by:

1. Arguing against it in open court;

2. Failing to draft and file a proposed DECREE or ORDER consistent with the Stipulation; and,

3. Acting against it.

If the party claimed the children in 2019 for 2018, then they have breached or broken the Stipulation. You could file suit against that party to recover what he received from the 2018 Returs but he couldn't be held in Contempt obviously because the Decree wasn't signed until 2019, but he's a smart ass and kharma will bite him one day!

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