Saturday, January 11, 2014

Joint legal physical custody 2nd year in a row ex wife claims child?

Q:  We both work low income jobs and we both support her fifty fifty. I have her 3 days she has her 4 but I pay bills on our daughter. If she wants to claim her again so she can try and take me back to court on absolutely no grounds can I stop her? She says she will not loosen up and she verbally agreed when the court order was made on our daughter to alternate years on taxes. The attorneys even tried to put it in and couldn't because it is not a divorce agreement. Any helpful information?

A:  David's Answer:  First, it seems this is less of a child custody question & more of a child support question. That said, if you have a divorce agreement and you did not put into the agreement that the tax deduction would alternate, then it is very unlikely a Judge would allow you to now modify the agreement on that basis. You would have generally needed to include that provision in the original agreement. That said, you're best advise to bring in the agreement, along with any orders/judgments, to a NYC Child Support lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (

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