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help im am going to be held in contempt

  • Thread starter Thread starter JulietCat
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JulietCat

Guest
What is the name of your state? Ohio

I have been divorced for 15 years, I remarried shortly after my divorce. My divorce states that my ex is to visit every other weekend, every wednesday from 6-9pm, two weeks in the summer, one week at christmas, every fathers day, and alternating holidays, he has never complied with this. The first 4 years we were divorced he never once came to see his children. My children, I have 3, and 2 are attention deficit hyperactive disorder, and my youngest has traumatic brain injury, and severe attention deficit hyperactive disorder. In sept. 2003 i asked for a child support modification, because the 2 older children graduated, and were 18 and taken off of support, i had not had a modification in over 5 years, and was unable to raise my handicapped son on $60 a week. My ex is finiancally stable, and i struggle, living paycheck to paycheck. My ex was furious about the modification and told me to stop it or i would be sorry. Well i went through with it, and he hired a lawyer and took me to court for contempt for not allowing him to claim the children on the income tax. It is in our divorce that he can claim them, but because he never followed the visitation, I never followed allowing him to claim the kids. My husband claims them. The magistrate told me his visiting was irrelavent and she could not enforce the visitation, but could enforce me signing the paper for him to claim the children. This seems so unfair, my husband and I raised my children, and provided them with everything. Now i am going to be punished because my ex is retailiating against me. This is a bunch of bull. I am a full time student, i have one year left for my R.N. degree, if i sign this paper, i will lose my finiancial aid, and will have to pay for the year i have attended. Last month i had to file bancruptcy, while my ex was on a cruise. I have never allowed him to claim the children on the income tax, because he never, not once, followed the visits as scheduled in the divorce. The last sentence in my divorce states that ALL of the above must be complied with, doesnt that include visits. I do not understand, I go back to court on Feb. 2,2004 and am facing jail. I will not sign the paper!! I do not have an attorney, will one help. I am finiancally strapped, and do not know where to turn. I didnt claim the children, i do not work, but my husband claimed them. What can i do to get out of this mess, besides signing the paper. The income tax money we recieved was used for my children, for clothing, bills, school fees, gas for doctors visits. I need help, cam someone please help. If i go to jail there will be no one to care for my son, my husband works, and all my family live out of state. My son is scared and so am i, he will end up in foster care. please help!! My ex and I have been divorced a little over 15 years, and I have been remarried for 14 years. My husband has always claimed the children, since he has been more of a father to my children than there own biological father. There has never been one problem with my husband claiming them, until i asked for the modification. What can i do? 14 years and never a complaint till now, what the heck, there has to be someone who can help.
The paper being a signed paper from me stating he can claim the kids.
 
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hexeliebe

Guest
My divorce states that my ex is to visit every other weekend, every wednesday from 6-9pm, two weeks in the summer, one week at christmas, every fathers day, and alternating holidays, he has never complied with this.

First off, this is NOT what your visitation agreement states. Would you care to write it here EXACTLY as it appears?

Well i went through with it, and he hired a lawyer and took me to court for contempt for not allowing him to claim the children on the income tax. It is in our divorce that he can claim them, but because he never followed the visitation, I never followed allowing him to claim the kids.

Which means you are in contempt of court.

The magistrate told me his visiting was irrelavent and she could not enforce the visitation, but could enforce me signing the paper for him to claim the children.

Perfectly legal and fair. You signed the agreement and you must abide by it. The one thing you seem not to understand is that visitation is a RIGHT, not an OBLIGATION. Your ex is under no obligation to exercise that right.

Now i am going to be punished because my ex is retailiating against me.

Wrong. You are being punished for violating the law.

This is a bunch of bull. I am a full time student, i have one year left for my R.N. degree, if i sign this paper, i will lose my finiancial aid, and will have to pay for the year i have attended. Last month i had to file bancruptcy, while my ex was on a cruise. I have never allowed him to claim the children on the income tax, because he never, not once, followed the visits as scheduled in the divorce. The last sentence in my divorce states that ALL of the above must be complied with, doesnt that include visits. I do not understand, I go back to court on Feb. 2,2004 and am facing jail. I will not sign the paper!!

And just what paper would this be?

What can i do to get out of this mess, besides signing the paper.

Again, what paper are you talking about?

The income tax money we recieved was used for my children, for clothing, bills, school fees, gas for doctors visits. I need help, and someone please help. If i go to jail there will be no one to care for my son, my husband works, and all my family live out of state. My son is scared and so am i, he will end up in foster care. please help!!

It might do you good to live with this fear for a bit. But most incidents of contempt do not end up in jail although that is a very real threat.

You are in contempt of court and that's about all I can get from your rambling. Now come back here and explain just what "PAPER" you are talking about.
 

nextwife

Senior Member
Apparently you did not check with an attorney before arbitrarily deciding to disregard the CO. See, his visiation is not an "obligation" it is a right. That means he is entitled to it IF he wants it, but he has no legal obligation to take that time.

The tax deduction is an unrelated matter. If you felt he should not get it, you had the right to go to court and ask this to be modified. Then the court would decide. Until such time, he was legally entitled to take it.

Strongly suggest you get a good lawyer. And try to settle with ex and keep it out of court.
 

stealth2

Under the Radar Member
You really don't have a choice - you will be required to sign the waiver allowing him to claim the child on his taxes. Be glad that you're not being told to repay him what he would have gotten for 14 years by being able to do so.

Yes, if you refuse, the judge will find you in contempt and CAN order you to jail. Which will open the door for your ex gaining custody of him, rather than his going to foster care.
 
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hexeliebe

Guest
Noah had it all wrong. He should have taken all the divorced parent (sans Kids) into the ship and wrecked it someplace no one would find. :rolleyes:
 

VeronicaGia

Senior Member
He gets to claim the children because you, a full time student, are not holding up your legal obligation to help support the kids. Why should you get the deduction when he's providing 100% of the financial support? His 60.00 week is his share of support, he is not there to provide 100% of the support.

Hopefully he will enforce his contempt action and get all that tax money back from you.
 
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monnickasmommy

Guest
He he was smart enough he would send the IRS his Divorce Decree that states he is to claim the children all those 14 years- You will have to pay the IRS back plus face a fine with them in intrest until it is paid off- IRS they don't play games.
 
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JulietCat

Guest
stealth2 said:
You really don't have a choice - you will be required to sign the waiver allowing him to claim the child on his taxes. Be glad that you're not being told to repay him what he would have gotten for 14 years by being able to do so.

Yes, if you refuse, the judge will find you in contempt and CAN order you to jail. Which will open the door for your ex gaining custody of him, rather than his going to foster care.

My ex stated he never wanted the dam kids, see they are all handicapped, and my husband now has raised them as his own, and has provided more support than the biological father. He would rather see this kid in foster care than take care of him.
 
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JulietCat

Guest
monnickasmommy said:
He he was smart enough he would send the IRS his Divorce Decree that states he is to claim the children all those 14 years- You will have to pay the IRS back plus face a fine with them in intrest until it is paid off- IRS they don't play games.

He has been in default of child support a few of those years, and the IRS told me that i could claim the kids as long as i can prove they live with me, in which i provided them with school records. What kind of law upholds a sperm doner, this is all this man was, he has never been a father to his children. These children required special care, and visits to specialist 50 miles away. He wants revenge and is willing to hurt his kids in the process. The laws is supposed to protect the children from monsters like this. He is also remarried to a women who has been conected with child molesting. Her ex is in prison for this.
 
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JulietCat

Guest
VeronicaGia said:
He gets to claim the children because you, a full time student, are not holding up your legal obligation to help support the kids. Why should you get the deduction when he's providing 100% of the financial support? His 60.00 week is his share of support, he is not there to provide 100% of the support.

Hopefully he will enforce his contempt action and get all that tax money back from you.

Listen jerk, I have supported my children, or rather my husband has. His 60 a week didnt provide my children with nothing, these are special needs children, in which i had to stay home to take care of. They require specialist, medication, and full time supervision. what is 60 dollars going to do to help with all they needed. He was nothing but a sperm doner, and hopefully the judge will see that. I was never ever on welfare, and did my best with my husband to raise my children, we lived paycheck to paycheck and paying a lawyer to go back to court would have caused to much of a financial strain on my family. and if he wanted to claim the children why after 14 years bring it up now. Why because hes an ******* thats why. I would rather rot in jail as to allow him to have any claim what so every to MY children!!
 
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JulietCat

Guest
hexeliebe said:
First off, this is NOT what your visitation agreement states. Would you care to write it here EXACTLY as it appears?
That is exactly how it appears!!


Which means you are in contempt of court.



Perfectly legal and fair. You signed the agreement and you must abide by it. The one thing you seem not to understand is that visitation is a RIGHT, not an OBLIGATION. Your ex is under no obligation to exercise that right.



Wrong. You are being punished for violating the law.



And just what paper would this be? A signed noterized paper from me stating he can claim the kids. The IRS does not care about the divorce decree, its where the kids lived and with whom is what the care about.



Again, what paper are you talking about?



It might do you good to live with this fear for a bit. But most incidents of contempt do not end up in jail although that is a very real threat.

I am not in fear for anything but my children suffering at what this monster is doing.

You are in contempt of court and that's about all I can get from your rambling. Now come back here and explain just what "PAPER" you are talking about.

If you had any sense at all you would know what paper i am talking about, jerk!!
 

stealth2

Under the Radar Member
If his current wife's ex is the one who is in jail for molestation, it would indicate that she wasn't charged with anything - so that's completely moot.

The rest? You said a judge has effectively told you to sign the waiver or go to jail. It's now your choice.
 

haiku

Senior Member
at this point the IRS has no say in this matter because they cannot trump your court order. if the court order says you must give him the right to claim you MUST, or risk jail.
 
An option

Contact your local Legal Aide.

Find all the papers from the IRS that gave you permission to claim the kids.

Do you or did you get SSI for the kids?
You could mention in your response that it took you filing for a modification before he got worried about the tax deduction of the kids. 15 years. I would think that the SOL is out. Hopefully the judge would see through what he's doing.

You wrote that you've not had a mod in 5 years, so what was said at that hearing about the tax deduction? Anything?

I wish you the best.



PS: Please reread this before jumping me, I'm not telling the poster how this will work out... But, I'm thinking of this logically. Not as a biased, hurt ncp or cp.
 

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