Been looking forever for a forum like this!

[Dad2]

Glad to finally not only find a forum that I'm looking for, but an active 1 as well
I am a 35 yr old RECENTLY divorced father from the lovely state of Mass.
The state of obscure laws.
Few questions if I may......
If my ex wife was to marry again, could I go back to court and ask to have my child support re evaluated, even though my divorce decree says every 2 years?
My divorce decree also says I can not claim my son unless he would be of no financial benefeit to my ex wife during tax time.
IE, if she makes under $xx per year, I could claim him.
If she gets married, she ( along with new hubby ) will make over that, and be able to claim him.
Could I go back to court and ask for a re evaluation if/when she gets married?
I guess what I'm saying is,.....
I think I got screwed by my dumb ass lawyer, and was wondering if that child support agreement is written in stone?
My ex wife works a crappy job, making $4k a year, but I am paying $10k a year in child support.
GO figure!
Thanks for the help folks, and remember, this is Massachusetts, the land of backwards laws!!

[Mr. Knowitall]

If my ex wife was to marry again, could I go back to court and ask to have my child support re evaluated, even though my divorce decree says every 2 years?

Probably not, as the new spouse's income is often irrelevant to a child support determination.

[quote="Dad2"]My divorce decree also says I can not claim my son unless he would be of no financial benefeit to my ex wife during tax time.[/quote[
You should note that the IRS has its own rules as to who can properly claim a deduction for a child, regardless of what is in the court order. Assuming that you both obey the court order, such that only one of you claims the deduction, that's merely an interesting side-note. If one of you were to ignore the order and you both claimed the deduction, the IRS would likely audit you both to determine who could properly claim it.

It is not clear that the husband's income would be counted; that will depend upon the language of the judgment of divorce. If there is confusion between you and your ex- as to who can claim the deduction, you may have to ask the court to clarify your respective rights under the divorce judgment.