Question: How do divorcing parents typically divide up who claims kids on taxes?

Answer:

There is no specific rule on how the child tax credits are dictated. This depends heavily on the circumstances and any agreements the parents might have. Typically it is by agreement. If the parties cannot agree, then the issue would be submitted to the Court and the Court could order that each party claim 1 child every year, and the youngest rotates. It can be argued that the IRS provisions are that a child can only be claimed if you have had custody of them for more than 50% of the year.

Attorney Erin E. Morse

Question:

What happens when dad quits job to avoid more support ?

Answer:

You have a few strategies you can employ for this. You can ask that the Court impute his income at the median wage for his locality. If he already has a Court Order for child support, you would hold him in Contempt of non-payment and you will need to present or ask him what stops him from being able to be gainfully employed. To be held in contempt for non-payment of child support you will need to show that he willfully failed to comply. There is a presumption in child support cases that, based on the prior court order and his failure to seek relief from the Court, that he has the ability to comply. You can subpoena his loan application on his car to assist you in proving his actual income as well.

Attorney Erin E. Morse

Question:

Do both parties have to be present at final hearing for an uncontested divorce?

Answer:

If you are Pro Se, and you have all of your documents properly complete and notarized, only one person has to show up at the final hearing — it must be the person who filed the petition. Additionally, many counties are offering virtual hearings and many judges are willing to do this. So, your spouse could appear virtually if you requested. The person who needs to show up is the person who filed a petition. Alternatively, if there is a counter petition than the person who filed the counter petitioner could be present. In any case, if one of the spouses wants their name changed to their maiden name, they must appear at the final hearing.

Attorney Erin E. Morse

Question: What is likely to happen if my ex is a no-show to a contempt hearing?

Answer:

If your ex does not show at a contempt hearing, and it was properly noticed, the court can Grant the contempt even with him not being present. There are a few more legal hurdles you would have to follow in order for it to happen but the court could issue a bench warrant for his arrest. Now, this usually doesn’t happen at the first hearing, but if you plead it and request it properly it could happen to subsequent hearings. Generally, in order to change timesharing (because, our courts don’t use the phrase custody anymore“ you have to file a petition for modification and you need to make sure that you have a substantial and an anticipated change in circumstances. You can build your case, and a series of contempt would be very good reason for there to be good cause for a modification.

Attorney Erin E. Morse

Question: I got served custody papers from my ex 4 days ago. What do I need to do now? I live in Miami Dade and he lives in Orange County

Answer:

Depending on some additional facts you may have the ability to ask the court to move the case to the county where you and the minor child live. This is relevant if the child lives with you as well. You should speak with an attorney as soon as possible if there are concerns over the safety of the child. Be mindful of the date in which you must respond to the paperwork, as this is very important for you to address so that there are no adverse consequences. Make sure you address all of the allegations appropriately. As always, this answer does not constitute an attorney-client relationship, and ensuring you have competent counsel is very important for your case and protecting your child.

Attorney Erin E. Morse