Vacanti | Shattuck | Finocchiaro Attorneys

Which Parent Will Claim Children As Dependents After A Divorce?

Which parent will claim the children as dependents after a divorce depends on what the divorce decree or custody agreement states. If the decree of the custody agreement states that the parents are to alternate years claiming the children as a dependent, then the parties would follow what the decree or custody agreement states. If the decree is silent, the parent who has physical custody of the children would get to claim them as dependents. With the new tax law changes, there really are no longer any dependency exemptions. We just have tax credits available, which will replace the dependency exemptions.

How Do I Keep The Other Party From Selling Or Giving Away Things Before We Are Divorced?

In most cases, we would have a restraining order that would be put in place at the beginning of a divorce. That restraining order prevents either party from disposing of any assets without the agreement of both the husband and the wife. If we find out that one spouse violated that order, then we would be able to file a contempt action against the party that disposed of the property.

What If My Spouse Sold Off Our Marital Assets?

If your spouse sold off marital assets during the divorce process, a judge could make him or her responsible to reimburse you for whatever the value of the asset was. Generally, there is a restraining order that goes in place at the beginning of the divorce that prevents either party from getting rid of the assets. If a party sells off assets before a divorce is filed, however, that may be a different situation. There isn’t much that can be done. If the spouse is disposing of assets in contemplation of the divorce, then we may be able to go back and ask for reimbursement for those.

Can I Force The Other Party To Move Out Of The Home So I Can Sell The House?

The only way we can get someone out of the marital home is with a court order or by agreement. If the intent is to sell the house, the judge would have one party move out of the house and then have the other party responsible to stay in the house. While both parties would probably be involved in the sale process, the party remaining in the house is required to maintain the house and keep it in a sellable condition. If there is no agreement, we schedule the matter for a hearing. The judge would order someone to leave the house and would leave one party in the house to manage the sale.

Can We Keep Living In Our Home After We Divorce?

It would be a very unusual circumstance where people would continue to live together in their house after they were divorced. Ordinarily, the house is awarded to one party in the divorce process. The other party would have moved out either prior to the divorce or during the divorce process.

Will The Family Home Need To Be Sold To Give The Other Party Their Equity?

The family home does not need to be sold to give the other party his or her equity, as long as there are sufficient assets to pay the other party his or her share of the equity from the home. If there is $50,000 of equity in the home, as long as there is another asset that is valued at $50,000, we can give the other party $50,000 to equalize the value of the home with the other asset. If there is $50,000 of equity in the home and there are no other assets, the party has the opportunity to pay half of the equity to the person who is moving out of the house.

For more information on Claiming Children As Dependents In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

Vacanti | Shattuck | Finocchiaro Attorneys

Call Today To Schedule A
Consultation With An Attorney
(402) 235-6070

Get Help Now