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Divorce agreements get modified??

1 Answers. Asked on Mar 20th, 2017 on Divorce - New York
More details to this question:
My divorce agreement allows my ex and I to each claim child. However, my children, who are teenagers 15 and 17, no longer go to his house for visits, as he doesn't even have a place for them to sleep! He has done none of the parenting other than what he "has" to do, and even that is questionable. My question is: since he is not helping to raise the kids at all, can I claim both of our children, even though the divorce agreement says otherwise? He's always "too busy" to help out with everyday activities, and its frustrating that he gets a tax benefit. I've considered just filing with claiming both kid, but am concerned with being held in contempt.
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Answered on Mar 21st, 2017 at 9:26 PM

I assume you have custody and your ex has visitation and pays child support, since you mention your kids no longer "visit" him. If your ex pays support, he gets a tax deduction. If he pays no support and doesn't see the kids, claim them both and let him fight you. The IRS doesn't care- whomever claims the deduction first gets it. 

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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