Breech of verbal agreement to cliam kids on income taxes

[godblessphil]

Hi,
I am in a bad situation and i need some advice.
I am a pround father of 3 beautiful kids.They are living in NY with thier mother which is my ex-wife. I currently live in GA.I am paying her $1200 per month for child support.The kids vists me in Ga for the entire summer.We had a verbal agreement while we were seperated that I would cliam my oldest son on my income tax.I had claim my son in 2004-2007.Our divorce was finalize in 2006, the agreement was not in the divorce decree because we had an verbal agreement.In 2008 and 2009 she file without my permission she claim all 3 kids,She would file her taxes early so when i go to claim my son i would be rejected.When i confronted her about it she denied having any agreement with me because it was not a written agreement. My question is, the fact that we had an a verbal agreement is that binding?Can i take her to court for breeching the verbal agreement and make the agreement offically in writting?How can she denied having an agreement when i have proof that i filed for my oldest son for 3 years?

 

[Proserpina]

Can you prove that you had a verbal agreement with her?

For example, can you show that you didn't agree that you would claim your son 2004-2007, and she would claim him 2008-2010?

 

[godblessphil]

No,I do not have proof of that.When i confronted her about it over the phone my wife was sitting next to me and she over heard the conversation which lead to an argement.Her response was why she can claimed for all kids because i have move out of state and brought a house and she have nothing so will be claiming all the kids from now on.She alway agree to things and then later change her mine or flat out denied any conversation or agreement.The fellowing year I ask her again in my accountant office and when i was filing my 09 taxes and again my wife was next to me when i told her i was going to claim my son.And she nicely said i should had ask her earlier because she just did her taxes. but she will let me file for him in 2010. Now this year I spoke to her again and she denied that we had an agreement again and she will not allow me to file ever again.I always have her on speaker phone when talking to her so my wife can listen in on the conversation because of her not keeping her agreements.Can I use my wife as witness to these conversations and agreements?

 

[Proserpina]

The problem is your wife is not going to be considered an objective witness.

 

[godblessphil]

ok.But i can i try anyway the fact that i have my tax return it proof that there were some kind of agreement?

 

[Proserpina]

Unfortunately your tax return does not prove that there was ever an agreement between you and your ex-wife.

It proves only that for some years, you successfully claimed your son.

 

[godblessphil]

Ok thank you very much for your time and advise,i surely appreciate it.

 

[Proserpina]

You're very welcome - I'm sorry I didn't have better news for you!

 

[Duranie]

Unless the court order says you get to claim, she does not have to allow it. Why didn't you ask for this when you divorced? You can file a motion to ask for permission to claim at least one child every year. If NY is where the order is out of you will have to file there so not sure if it will be worth it.

 

[godblessphil]

Thank you for responding to my questions. But how do I go about filiing a motion?