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I would like to change a motion in my divorce papers. That both parties agree on to change who claims the children during tax time. A friend from court told me to write up an order and mail it in. Where would I get an order?
2 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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This is not something I would advise doing. You should contact the attorney representing you in the divorce action. The court would not particularly like to enter an order you prepared yourself. There is no "form" and these types of motions are either typed out in a long form or if the change is very small, on a Court Memorandum form. These are found in each court room.
Answered on Mar 12th, 2014 at 11:57 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If you both AGREE you may write (or hire an attorney to write) a STIPULATION AND ORDER, after both of you sign it, the Judge will approve it and sign it, at which time it will become an Order of the Court. You will need to be clear about which of you get the exemption which years. Are you alternating years (one of you gets odd and one gets even) or are you splitting the children (one of you gets the oldest and youngest and the other one gets the middle child(ren)? Keep in mind, even if you agree to this, you will need to fill out an IRS Form # 8332, wherein the parent who has the children more than 50% of their overnights will release one or more of the children for the tax exemption for that year and/or future years.
Answered on Mar 11th, 2014 at 11:49 PM