Started the Petition Paperwork Due to Lack of Returned 8332 Forms BUT. . .
DISCLAIMER: We live in the extremely Pro GUBM State of NY
The Chef and the Girhippo had agreed back in '04 to go to mediation, get an MOU and then file pro se. They did go to mediation (Chef, read: I paid for it) They did get an MOU that says "Chef and Gir agree to share claiming the children as exemptions such that Chef has at least one child to claim each tax year" signed 1/19/05 by both parties.
That being said, of course the Gir interpreted it as she claimed two and Chef claims the oldest. They didn't go pro se. After the Gir dragged her feet for almost two years (in which time she was getting full medical/dental paid for by Chef) I convinced Chef that the Gir was never going to file--I literally had drawn up the papers for the Gir to just trot down and get a court date--she refused so I had him file (I did all the paperwork once again).
Well that sent the Gir into a tizzy and she was so offended by his "bold" action that she lawyered up. From my understanding, the original MOU from the mediation (which was lopsided as hell and COMPLETELY in the Gir's favour) was entered into the petition for divorce and hence forth the subsequent divorce papers and CO. Chef continued to go pro se (despite EVERYONE'S advice to the contrary) as he was completely wracked with guilt over the break up.
The MOU also says that the parties are to seek mediation first to resolve their differences, something that the Gir has already made clear that she will NOT do. She also refuses all correspondence from Chef and does a return to sender.
She was sent the forms back in February via Chef's attorney during the downward mod for OSS's "stealth" emancipation which she did not send back.
Most recently I sent the request for her to sign and return the 8332 forms directly to her work, certified, restricted delivery. I have the screen shot that it was delivered. I'm sure she dumped it in the trash soon thereafter as she has NO intention of letting Chef claim SD (17) for tax year 2015, 2016 and then rotate YSS (stb 13) for years 2017-2021.
Remember in NYS that CS goes to 21 but the year that the child turns 19, they are no longer claimable as a deduction UNLESS they are in college and I VERY MUCH doubt that these children will ever complete college although I'm sure she'll have them attempt to start college just to milk the CS cow. OSS (19) is the smartest and has the most drive of all three and he lasted all of 3 months in community college.
So do you think the MOU is enforceable at this point? Also I'd like to make her pay Chef's attorney's fees should the judge rule in Chef's favour.