if she goes and does anything besides what your divorce papers say call your lawyer she will be in contempt of court.If she claimed them this year on taxes and it specifically says that its your year to do it you can go ahead and file on them and when you get a phone call all you have to do is say i have the papers to prove its my year and she will get in trouble not you.She cannot move out of state without your permission thats where the lawyer comes in once again anytime you have any problems with this kind of thing you always consult a lawyer they will get things taken care of for you.I should know i am in a big court custody battle with my ex right now and everthing that happens I just call my lawyer and he will tell me what to do.good luck to ya
2006-09-05 03:50:39
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answer #1
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answered by samwise25 4
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Yes, she can take the children out of state for reasons of job availability, moving closer to family (or new marriage), and other legitimate reasons -- you need to check your divorce decree -- because if it does not say anything -- she can move as long as she notifies you about the move.
There can be a modification of the custody terms as a result of the move -- which means going back to a mediator and working them out. Most likely -- there will be a cost share for the Transportation -- based on the income of the parents -- so you WILL have to pay something or some part of the transportation. You CAN NOT make her pay for all of these costs.
IF you have not lived up to your responsibilities for the Welfare and Costs of Raising the Children (in other words -- did not pay your child support as required), then that situation can also change the tax status of both of you as well -- and again, this will be taken care of with the modification of custody as well as the modification of Child Support that will be made as a result of her moving out of your area.
YOU can NOT Stop Her -- YOU can NOT enslave her to one area. Judges will NOT do that, or agree that she has to stay in one place for the remainder of time the children are growing up.
2006-09-05 04:02:51
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answer #2
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answered by sglmom 7
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im no lawyer,but from experience,i can tell you,you can hand all your money to a lawyer who will gladly take it or you can think this through with out panicing,1st off she can go where ever she wants, all she has to say is she is doing it to better her life,in which case use the money you would give a lawyer for phone calls to ypur kids an visits,if you run this mother down to your kids they will side with her, so donot,just make plans for you an your kids, make sure they no how much you love them an miss them,as far as the income tax, my advice to ypu is go to a tax rep.take copies of your court order ,tell your wife what you are doing an file anyway claiming your kids, i feel for you, its not a mans world, its a womans,men have no rights when it comes to your kids,the courts will side with her, unless theirs physcial,drug,or sexial abuse,unfortunitly by then at times its to late,the only thing the state,the government,an your wife want from you are money,so be prepared to have your heart broke,an your pockets emptied,the only hope you have is that the kids will see what a great guy you are ,if you are,an later want to be with you, its sad that the courts allow women to use kids as weapons,it took two to make them, it should be so ordered that it take the two of you to raise them,but the only rights a father has is to give your last name on birth certificate,an pay bills,for another man to lay up with your family, guess what im a woman, a grandmother, an i have been through this all with my son, so i speak from experience
2006-09-05 04:09:09
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answer #3
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answered by travelin man 1
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as for the tax question, go ahead and claim your kids, send along a copy of the divorce papers with your tax return, you will get the deduction and she will be audited and forced to pay the difference to the IRS
you can stop her move with a custody court order to prevent her from leaving the state
you cannot make her responsibile for transportation unless you get an amendment to your divorce papers that state she is, however, you may be able to deduct half the expense of the travel from your child support, check with a lawyer
2006-09-05 03:55:09
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answer #4
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answered by casurfwatcher 6
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You need to go back to court and get legal documents that address the issue of her moving out of state. Also, if she violated the court order regarding the filing of the taxes, this should be addressed as well. You have to make sure that you assert your rights and don't allow her to get away with anything or she will continue to try and walk all over you.
2006-09-05 03:44:37
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answer #5
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answered by mad 3
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You have to immediately consult a lawyer.
Bring all your documentation. Every state has different laws and it depends on what is in your decree as well as the law.
Only a lawyer can help you here...
best
cez
2006-09-05 03:47:30
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answer #6
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answered by cezzium 4
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I always thought that the one that moves out of state cannot take the children with them. Check with a lawyer. Good luck
2006-09-05 03:43:23
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answer #7
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answered by Michelle : 5
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Well, i mean if you say, you have joint custody then take her to court then!!! Because i would take my husband court if he did do something like that to me.
2006-09-05 05:34:43
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answer #8
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answered by Anonymous
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She is not allowed to take the children if she moves out of state. Go to court speak to your lawyer.
2006-09-05 04:07:44
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answer #9
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answered by Becca 3
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i don't think she can .if you have joint custody.look on your custody papers and go to your lawyer fast.good luck
2006-09-05 03:56:56
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answer #10
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answered by bassetluv 4
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