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breaching stipulated judgment of dissolution

Discussion in 'Alimony & Spousal Support' started by jodyhouglum, Feb 3, 2017.

  1. jodyhouglum

    jodyhouglum Law Topic Starter Guest

    Jurisdiction:
    Oregon
    Petitioner and Respondent stipulated to a general judgment of dissolution in 2011. In the income tax section pertaining to who would claim children as dependents, Petitioner agreed to claim two specific children and Respondent agreed to claim two specific children as dependents. Both parents have provided care for all children for at least 6 months of each year. Petitioner has claimed all four children as dependents on federal and state income tax returns for the years of, 2012, 2013, 2014, 2015. This created Respondent to be audited in 2013. No modifications to the tax section within the general judgment of dissolution had been made.
    QUESTION
    1. Is the petitioner in contempt for breaching contract?
    2. How should Respondent pursue thus in court, and what ORS statutes support the case?
    3. Is such an act, an act if fraud against the Respondent?
     
  2. army judge

    army judge Super Moderator

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    You'll soon discover that tax authorities are equal opportunity money confiscators.

    Your divorce decree is binding between both parties, but meaningless to others.

    You'll also discover there's very little, if anything, the courts will do to either of you for ignoring who gets what, in the mundane details of your divorce.

    Be smart, negotiate and compromise, (even if one appears to give more), otherwise your lives will more entangled than they were before you divorced.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    No. But he could be if a judge orders him to do something, like reimburse you for any additional tax and penalties, and he doesn't.

    There was an IRS form you had to fill out back then. Did either of you?

    https://www.irs.gov/pub/irs-pdf/f8332.pdf

    Easy. File a petition and ask the judge to order your ex to reimburse you for 2013 and to file amended returns for the ensuing years and do it properly for coming years. If you can't figure out how to do that, hire a lawyer.

    Yeah, if it was done on purpose but, so what, it won't get you a nickel more than you'd be entitled to if it was just by mistake.
     

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