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What form do I need to request a modification of our divorce decree re: income tax exemptions?

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I need to change our divorce decree so only I am allowed to claim our two boys as exemptions on my income taxes. As it reads now, we each get to claim a child every year. My ex does not pay for ANYTHING other than $140 in child support each week for two children. He refuses to pay anything extra for our boys. I have done it all myself for the last 5 years. He sees them maybe once a week. What form do I need to fill in to take him back to court. Can family court modify this? I am also thinking of trying to gain sole custody instead of joint.

2 Attorney Answers

If you agreed to this in a written Stipulation of Settlement it is unlikely you will be able to modify the agreement. If your ex is not paying what they are suppose to be paying pursuant to your Stipulation of Settlement and or Judgment of Divorce you can seek certain relief such as compelling them to comply with their obligations. Whether or not you can make a motion, file in family court or will have to commence a lawsuit for breach of a Stipulation of Settlement will depend on the wording of your Judgment of Divorce.
You will need to file a petition for modification. Under Florida law it would require an unforeseen change in circumstances

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