What does this provision mean??

[Sff108]

Jurisdiction

Pennsylvania

If I have a no waiver or default clause in my divorce decree does this mean my ex husband forfeits rights under the provisions if he's not meeting his end of the contract or does it mean he still has all rights based on the decree despite not meeting his end of the deal?? He's not paying child support per the decree BUT it states he can claim one of the children each year on taxes. Trying to figure out if I can legally claim both children since he isn't following the support provision.

 

[adjusterjack]

Trying to figure out if I can legally claim both children since he isn't following the support provision.

No.

There's no tit for tat in divorce decrees. If he's breaching a provision you enforce that provision.

You don't get to breach just because he does.

That's just general information without reading your decree.

Talk to your lawyer about enforcing the child support provision. If you can't or won't get a lawyer, contact whatever agency (state, county or city) that enforces child support obligations.

 

[army judge]

Furthermore, a divorce decree is not viewed as a contract, per se.

 

[adjusterjack]

True, it can be a court order, settlement agreement, judgment of divorce, all enforceable by one party taking the other party back to court to compel compliance.