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    dad4mykids's Avatar
    dad4mykids Posts: 1, Reputation: 1
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    #1

    Nov 18, 2009, 11:11 AM
    Motion to vacate or set aside
    I am in California. An order was filed stating the petitioner gets children as a tax exemption. The clerks' notes from the original hearing date and two subsequent letters from the Respondent's attorney also show the Petitioner gets the tax exemptions. However, the court transcript is silent as to who gets the exemptions. Five years later, a court awards the respondent the exemptions, claiming that the transcript overrides any other evidence.

    How can this be? In this case, can't the petitioner file a motion to vacate or set aside the order allowing the respondent the exemptions?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 18, 2009, 02:32 PM

    Mostly it depends on how it was worded. Are there any awards like child or spousal support we are talking about here ? If so then that may throw off the calculation and it will have to be redone.
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