I don't do family law at all, actually, I prefer nice civilized cases involving murder and pricefixing, where the stakes are only life and freedom or billions, so the parties are relatively rational,and either do not want to kill each other, or already have.
If you want I can put out an RFI for a good family lawyer in the relevant jurisdiction, uf you tell me what it is.
jks
--- Wojtek Sokolowski <sokol at jhu.edu> wrote:
> Can anyone (Justin?) offer me some legal insights in
> the following
> matter:
>
> A woman divorced her abusive husband, obtaining the
> custody of their two
> children. The divorce agreement specified a certain
> sum of child
> support the father was supposed to pay. As usually,
> the asshole husband
> stopped paying child support shortly after the
> divorce, and there was
> another court case in which the woman obtained a
> wage garnishment order.
> However, the amount garnished, determined by state
> guidelines, was
> considerably lower than the child support amount
> specified in the
> divorce agreement.
>
> What is more, the mother foolishly agreed to allow
> her ex to claim tax
> exemption for one of the children. The end result
> is that the asshole
> pockets all federal tax refunds he gets for his
> "dependent" without
> paying a penny beyond what the state garnishes from
> his wages. The
> fact is that both children live with the mother all
> year round, and the
> mother provides more than 50% of support for both
> children. The asshole
> stubbornly refuses to relinquish the federal tax
> exemption that he
> claims for one kid.
>
> Questions:
>
> 1. Can the difference between the amount specified
> in the divorce
> agreement and the amount of child support garnished
> by the state be
> considered "unpaid support" - and if so can the
> woman sue her ex for
> that money (plus interest, etc)?
>
> 2. Can the woman demand the payment of all federal
> tax credits the ex
> received for his 'dependent" child (which does not
> live with him and for
> which he provides less than 50% of support)?
>
> 3. What are the legal steps, if any, for the woman
> to take back the
> federal tax exemption from her ex in this situation?
>
> Any suggestions will be appreciated.
>
> Wojtek
>
>
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