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provisions of the Shared Custody Agreement (custody agreement)
executed by Cramer on May 12, 1988, and by Dunda on June 6, 1988.
Pursuant to the divorce decree, Dunda and Cramer share
custody of their children: Melissa J. Dunda, born on June 3,
1980; Charles E. Dunda, born on September 14, 1984 (Charles); and
Daniel F. Dunda, born on October 29, 1987 (Daniel). The divorce
decree designates Cramer’s home as the children’s primary
residence and orders Dunda to pay Cramer $800 per month in child
support. Paragraph 14 of the divorce decree states that “Father
shall be entitled to claim the three children as dependents for
income tax purposes”. Dunda and his attorney appeared before the
divorce court, but neither Dunda nor his attorney signed the
divorce decree. Neither Cramer nor her attorney appeared before
the divorce court, but they both signed the divorce decree on the
last page, to indicate their approval “as to form and content”.
Subsequently, the divorce court issued an order, filed
November 29, 1995, decreasing Dunda’s child support obligation to
$718 per month (child support order). Paragraph T of the child
support order stated:
The Obligor has a child support obligation of at least
$1,200 per year. If Obligor has paid at least that
amount in full during the calendar year and all support
due for the calendar year, as well as any court ordered
arrearage payments due for the calendar year by
December 31, or if by order of assignment, by January
15 of the following year, the federal tax exemption for
minor children is allocated as follows: as previously
ordered. Obligee shall execute the necessary Internal
Revenue Service forms to transfer the exemption(s)
consistent with this Order.
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Last modified: May 25, 2011