Patterson, CA Divorce Law Firms & Lawyers

There are several issues going on here. I would first point out that mediation might not be the worst thing, particularly if your alternative is a contested court hearing. As to the tax filing status, by the terms of your judgment you are entitled to alternate the child tax exemptions, so that is the order unless or until he files a request for order seeking to modify that provision or you agree to modify the orders.  By IRS rules, he is permitted to claim the child every year, so this is solely a family court dispute.  Is one of you receiving child support? If he claims the child on his taxes that should be reflected in your child support orders as well, either increasing the amount you receive or reducing the amount you pay, whichever applies in your situation.  This is particularly true if he is receiving a pay increase.  In addition, who has to pay for the child's medical insurance should also be governed by your judgment and accounted for in your child support orders.  Usually each parent is required to obtain insurance for the child through their respective employers if it is available at 'little or no cost' and to share the cost of obtaining insurance if it is not.  Finally, if you wish to be more involved in your child's life, or to implement a right of first refusal clause for child care, then you should attempt to resolve that issue in mediation - which I know you are reluctant to do - or file your own request for order.  Keep in mind that there are only two ways to modify your orders in any respect - 1) you come to an agreement and enter into a stipulation, 2) you go to court and the court issues an order.    Best of luck to you. 

In California, property and money used to acquire property are community in nature. Generally all assets and debts acquired during the marriage should be divided equally. However, if the house was bought by one party before the marriage, but then payments were made on the home during the marriage, it is mixed community property and separate property and you will need to consult with a professional to figure out what portion of the property is your separate pre-marital property, and what portion is community property (half yours). Also, the form of the title is a factor in determining if the owners meant for the entire property to be separate property, so there may be an argument here that you both agreed during the marriage that the property is yours alone and put it into your name alone for that reason. Be aware this can be difficult to prove if he argues against it.