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.
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
