Ex moving out of state


#1

My ex husband is moving to MN the end of the year and leaving our two children in my care. Our plan is to make an addendum to the current separation agreement regarding the child custody and support and have it notorized. Number one, is this legal? And number two, can it be inforced?


#2

Yes, the agreement can be amended and it will be enforceable in North Carolina. However the better option is to have your agreement placed in a court order, called a Consent Order which will be enforceable in all 50 states pursuant to the full faith and credit clause of the U.S. Constitution.


#3

What is my best option for having it made into a court order with the least financial committment? I’ve already had to file bankruptcy due to him letting the bank foreclose on the house. Also, if he only has the children 40 days out of the year, can he still claim one child on his income tax? I don’t see this as being fair when I have them 325 of those days.


#4

Many attorneys bill hourly, and if you and your ex are in agreement to the terms of custody, it should not cost an arm and a leg to draft the order and file all necessary documents.

You are the primary custodian and therefore are entitled to claim the children as dependants per the IRS regulations, a provision for this need not be contained in the Order.