Next Step Question

[NWMom]

All good info Soc, but..... He has not worked in three years and he allowed his Mommyto claim our children.  So therefore he comes out smelling like a rose as usual.

I will do all the above, but the IRS audit is out because he was not the other party his mother whom he lives with was.

I will see how it goes and come back to you if I need more help.

Thanks for being here for all of us.  If you have any other ideas let me know.  =)

[socrateaser]

>All good info Soc, but..... He has not worked in three years
>and he allowed his Mommyto claim our children.  So therefore
>he comes out smelling like a rose as usual.
>
>I will do all the above, but the IRS audit is out because he
>was not the other party his mother whom he lives with was.

Oh...well, then send HER the letter too, and provide a copy of the judgment with the part where he's supposed to sign, and tell her that by claiming the children on her return, with notice that you are entitled to the exemption, she is actively aiding her son in violating a court order -- ergo, you will file a motion against her for contempt, also.

Technically, that would be really hard to press, cause you'd have to sue her separately down in CA for unjust enrichment, unless she accidently submitted to the jurisdiction on a motion for contempt by you against her, but, you might just scare her into complying. One never knows.

Also, if he doesn't work, then he's probably not gonna be frightened by any order to pay, so you're probably going to have to ask for imprisonment, and that's gonna get real dicey, because it's not real likely that the CA Sheriff will arrest on a civil warrant (in fact, it's damn certain that won't happen).

So, you really have a dilemma. I would seriously consider talking to an attorney in WA, and discussing the possibility of the court ordering custody reversed, if he refuses to sign the form.

Or, if you're paying support, you could just ask the court to reduce your support obligation by the amount of taxes you would otherwise save, until such time as he signs the form. That might be the easiest way around things.

[socrateaser]

Next time, please give me ALL the facts up front. Each time you add a piece to the puzzle, you change my analysis. Which wastes both of our time.

[NWMom]

Sorry Soc...

The state of WA has financial Jurisdiction.  The state of CA was given parenting plan jurisdiction when we took him to court last year for leaving the state without permission ( the contempt charges I spoke of)

We are still in the custody battle in CA and so far I am winning, but the court dates are pushed out til next Spring.  Therefore I am trying to protect my exemption rights by enforcing the court order now.

It is rumored he is working these days but I don't know for sure.