Modification

[peno]

What is the name of your state? Ca

I am in the military overseas and my ex has filed for a modification. I receive a cost of living allowance that fluctuates every month and seperate rations pay that is meant to allow me and only me to eat at the chow hall every month.

1. Will the court take into consideration the cost of living and seperate rations allowance since california is pretty high compared to where I'm at now and the sepearte rations is meant only for the service member and not the family? Also, the children have medical and dental insurance that is covered by me. This was written the divorce agreement.

2. In the divorce papers it stated that I would claim the kids (2) every other year. But She always beat me to it and has claimed them three years straight.

3. We share joint custody of the kids but she is the custodial parent. She doesn't let me see them often because she knows that the less I see them the more I have to pay. I see them once a year. This coupled with the fact that she told the child support agency that she doesn't work. However, she does work but gets paid under the table.

I don't mind paying support. It is my responsibility, but since she is trying to get all she can from me I would like to know what I can do to keep my payments reasonable.

Any advice will be appreciated.

 

[legalcuriosity]

What is the name of your state? Ca

I am in the military overseas and my ex has filed for a modification. I receive a cost of living allowance that fluctuates every month and seperate rations pay that is meant to allow me and only me to eat at the chow hall every month.

1. Will the court take into consideration the cost of living and seperate rations allowance since california is pretty high compared to where I'm at now and the sepearte rations is meant only for the service member and not the family? Also, the children have medical and dental insurance that is covered by me. This was written the divorce agreement.

2. In the divorce papers it stated that I would claim the kids (2) every other year. But She always beat me to it and has claimed them three years straight.

3. We share joint custody of the kids but she is the custodial parent. She doesn't let me see them often because she knows that the less I see them the more I have to pay. I see them once a year. This coupled with the fact that she told the child support agency that she doesn't work. However, she does work but gets paid under the table.

I don't mind paying support. It is my responsibility, but since she is trying to get all she can from me I would like to know what I can do to keep my payments reasonable.

Any advice will be appreciated.

I don't have the answer or knowledge to your first question, but to your other 2...

#2) File contempt charges against her. Also, contact the IRS and tell them you have a court order that states who's to claim the credit. Ask them what forms you need to fill out and what you might need to send in. You have to act quick because I believe you can only go back a couple of years (3, I think) to amend taxes. What might happen is if the IRS finds she was in error, she'll have to pay it back, plus interest most likely.

#3) You should be filing contempt charges against her for this as well IF she is withholding visitation, per the order. Exact dates will help you. You can also look into whether you can use PAS against her.

You can also have her fill out "discovery", "interrogatory", and "request for documents" paperwork as well. There you can find out if she's hiding money. At any support modification, insist on a wage imputed onto her.

 

[LdiJ]

What is the name of your state? Ca

I am in the military overseas and my ex has filed for a modification. I receive a cost of living allowance that fluctuates every month and seperate rations pay that is meant to allow me and only me to eat at the chow hall every month.

1. Will the court take into consideration the cost of living and seperate rations allowance since california is pretty high compared to where I'm at now and the sepearte rations is meant only for the service member and not the family? Also, the children have medical and dental insurance that is covered by me. This was written the divorce agreement.

2. In the divorce papers it stated that I would claim the kids (2) every other year. But She always beat me to it and has claimed them three years straight.

3. We share joint custody of the kids but she is the custodial parent. She doesn't let me see them often because she knows that the less I see them the more I have to pay. I see them once a year. This coupled with the fact that she told the child support agency that she doesn't work. However, she does work but gets paid under the table.

I don't mind paying support. It is my responsibility, but since she is trying to get all she can from me I would like to know what I can do to keep my payments reasonable.

Any advice will be appreciated.

Well...some of the other answers you got really don't pertain to your situation. Since you are overseas obviously at this point you really can't exercise more visitation than you are currently recieving...so it would be pointless to file for contempt at this point. That will be an option once you get back stateside...if she doesn't cooperate with the court ordered visitation. However, if your orders say "reasonable visitation" rather than a set schedule, then you would have to take it back to court to get a set schedule ordered.

As far as the taxes are concerned...I am going to clarify that advice.

The fact that she "beats you" and files first is completely irrelevant. All that means is that you cannot file electronically if you want to claim the kids on your years. It means that you have to file and paper return instead, but you WILL get your refund. (so will she)...........then, later on in the year the IRS will investigate the double claim, and will require the parent who was not eligible to take the exemption that year, to pay back the excess refund they recieved.

You can also amend your taxes for any year that you should have recieved the exemption, but didn't take it because you thought you couldn't. Again, you will eventually get your refund (although it may take a while) and she will have to pay back any excess refund she recieved.

 

[legalcuriosity]

Oops...spaced on the overseas thing.