Excellent question. You need to go back to court and have the child support recalculated.
He needs to inform the judge that he wants to convert the Petition for Legal Separation to a Divorce.
You and your wife are both required to provide complete financial disclosures to each other. Assuming you have done that, and are not withholding any information, a property settlement is permanent and final.
However, if either party fails to disclose financial information to the other, and it is discovered within 5 years of the date of the divorce, the divorce case can be re-opened and the property reallocated.
No, if your ex-husband is not current on his child support on December 31st of any given year, he is not entitled to take the tax dependency exemption. C.R.S. 14-10-115(12) states in relevant part that “A parent shall not be entitled to claim a child as a dependent if he or she has not paid all court-ordered child support for that year”.
Technically, each missed payment becomes a money judgment. You can go after her even if she is only 1 month behind. Your options are to do a wage assignment if she has a job, file a contempt citation against her or file a motion to reduce arreages to judgment and garnish her wages, bank accounts or lien her house.
