Tax Return deduction issue

[Anthony_ill]

Dear Socreates,

History:
I have been divorced for 3 years, have a shared parenting plan for 50/50 visitation with the standard worded divorce degree on 55/45 percentage of medical coverage percentage. I am currently pro se due to continued visitation issues from the BM. We currently live in Will county Il.

Reason for my request:
My last year tax return was rejected since the BM claimed both children as dependants, which violates the Divorce Degree that indicated each party shares the dependants (2) equally for tax related purposes. I have notified her and her attorney of a motion for (which they both failed to attend). The judge then requested that I send a motion for a hearing (which I have also completed).

Originally (in May) I approached the BM attorney and provided a form from the IRS to correct this condition (without the courts assistance).

One month later, we returned to court (on the other matter) where her attorney indicated (to me only) that the BM is requesting for funds (unsubstantiated medical costs that was never disclosed to me previously) and that is the reason she was compelled to file both kids on the IRS tax return. (The medical cost issue has not been entered or motioned currently by the BM).

I have requested that her attorney provide me with details of the medical costs (Dr. names, account information, documentation providing what the BM has spent) to address what I understand currently as a fraudulent claim against me (no response to this request for this "Informal" discovery from her attorney).

Please note:
She has recently moved, and not indicated to me her new phone number or address (a new violation of the DD/PP).  Her attorney may also be unable to contact her.
 
Question: What can I arm myself with to address this correctly within the court system for Medical costs?:

IRS:
What can I do to help enforce the IRS tax return form to be signed to close this issue?

Can the Judge enforce / provide official motion that the IRS would accept if she contiues to refuse (even on contempt).

If her attorney (and the BM) fail to show up for court, can the judge rule on this without the defense since the Decree could be viewed as on-point and not modified at this time?

I am not sure on the effectiveness of the "Contempt" process since both the BM and her Attorney have been threatened on other occasions only to have it dropped after compliance or applogies to the court (but resulting in numerous delays and frustration to me).

If contempt is assessed, what if any action is processed?' Fines for the court and Jail time do not address the continueing issues.

Thanks for your continued support, and my applogies for the lenght of this reqeust.

[socrateaser]

>Question: What can I arm myself with to address this correctly
>within the court system for Medical costs?:

"Arm" yourself? LOL. Try to lighten up on the lawyer-like talk, because you'll seem silly in court using phrases like "arm myself."

You don't need anything. It's up to the other parent to provide invoices for reimbursement of healthcare costs that she has paid on the child's behalf. If she doesn't then you have no obligation to pay.

>IRS:
>What can I do to help enforce the IRS tax return form to be
>signed to close this issue?

Motion for clarification of court orders re federal tax exemption. You want the court to order who gets the exemption in which year so there's no future controversy.

>Can the Judge enforce / provide official motion that the IRS
>would accept if she contiues to refuse (even on contempt).

Judges provide orders, not motions. Litigants provide motions. Yes, see above.

>
>If her attorney (and the BM) fail to show up for court, can
>the judge rule on this without the defense since the Decree
>could be viewed as on-point and not modified at this time?

Usually, in a family law action, there is a petitioner and a respondent. There is no plaintiff or defendant. Yes, the court can give you a default order if the othe party doesn't show up.

>
>I am not sure on the effectiveness of the "Contempt" process
>since both the BM and her Attorney have been threatened on
>other occasions only to have it dropped after compliance or
>applogies to the court (but resulting in numerous delays and
>frustration to me).

You are being conclusory. If you don't give me facts, I can't give you advice.

>
>If contempt is assessed, what if any action is processed?'
>Fines for the court and Jail time do not address the
>continueing issues.

You just said that prior contempts had been dismissed without any enforcement. Now you're stating that neither fines nor jail time have worked. Can't be both, so which is it?

[Anthony_ill]

Wow, to use another term, I am soo busted!!! (LOL) Thanks for the great information and saying it like it is!!

Sorry about the Contempt "ramblings". It wasn't my original intent when asking for advise but was added while writing and my thoughts went adrift (I do that way too often).

To follow up on the Contempt discussion:
In several occasions, the BM refused to pay GAL and Mediator, delaying their ability to perform court ordered reviews. Held to contempt, she eventually paid, however resulted in months of delays (no judgment on the contempt since she eventually complied).

As for the 1st action of Visitation interference, my attorney (I was represented at that time) filed the motion, however when it was closed, the only result was to return makeup time (which never happened since she now again is refusing visitation).

No fines, no judgment no jail time. Even the time allotted for make up was only about ¼ of what was actually lost, and did not include my legal costs and non-scheduled vacation opportunities not able to be taken during the court review (the process went thru most of the summer, until resolved in October).

In addition, during this most recent motion for visitation interference, BM Attorney failed so show up for 4 straight court dates (one was indicated thru the BM was a date he identified as a good date) and was motioned for contempt only to show up on the next date and give an excuse that he was in another court and was detained (four times). The judge accepted his explanation and closed the motion.

Only my opinion from this case, however it seems like contempt has little or no teeth since (my current Judge) uses it only as a threat.

In my last statement I should have indicated that "IF" contempt is assessed (on the current visitation interference), what could be the result. I doubt from my experience that the BM will receive jail. Non compliance of paying fines may have only some limited affect (she has a lengthy non payment history), but will have no current affect on continuing / new court issues with a parent who refuses to cooperate.

Other than court fines and jail, have judges vacate other issues within the signed decree (anything from primary custody to revising pension allotments) or are jail and fines the only thing that usually is addressed. (I know, probably some are non comparable but I had to ask!)

Again thanks being there for us, and all that you do, your light in this darkness has no words that can desribe what you do for those of us struggling to make sense.

Thanks!

[socrateaser]

Thanks for the clarification. I think that if you file again for contempt and cite the prior delaying tactics, and that perhaps if scantions are imposed this time, that maybe there will be no future contempts, that the judge may give you a contempt order.

Hard to say, but even judges eventually tire of the nonsense.