Voluntary Dismissal of Motion to Modify CS

[rick_private]

Hello Soc,

Thank you for your work here, and your past advice to me and others.

I am an NCP father of two minor children in NC. CS was last set approx 6 years ago. Since then my ex has remarried and stopped working.

Last month I filed to modify child support, asking for (a) the tax exemptions for our children, and (b) cs to be recalculated with income (but no child care expenses) imputed to my ex.

Today, my ex's attorney contacted me and proposed that my ex would grant me the exemptions for 2006, if I signed a Notice of Voluntary Dismissal with Prejudice.

I am willing to keep my cs at current levels in return for being granted the tax exemption. But I am not sure it is wise to sign a dismissal "with Prejudice."  

Questions:

1. Would such a dismissal prevent me from seeking redress if my ex refused to grant me the exemptions in future years?

2. Would such a dismissal prevent me from filing for modification if and when my ex or I have a new material and substantial change in our circumstances (eg, my ex suddenly starts earning $200k per year; I become unemployed; my older child graduates from high school and turns 18, etc).

3. Given that I am satisfied to maintain current support, IF my nonworking ex allows me to claim our children's exemptions every year, is signing such a dismissal advisable? Or should I propose another mechanism?

Thanks in advance for your guidance, Soc.

[socrateaser]

I suggest that the better method is to enter a stipulated order granting you the exemption going forward until further orders of the court, and further ordering that the parents agree that no child support will be ordered at this time, and that the parents agree that this is in the child's best interests.

That way, if the other parent won't sign the IRS form in the future, you can send a copy of the order to the IRS and you will get the exemption.

The dismissal leaves some holes in enforcement that you can close with the stipulated order.