My daughter is 5 months old and her father has not seen her and doesnt want to. He does pay childsupport but now he is takung me to court because he wants to be able to claim her on his taxes every year. Will the court grant him that?
A.,
check out the answers to this same question that you posted 2 hours ago.
:)
http://www.mamapedia.com/questions/11977307110733119489
he has to have supported and lived w/the kid at least 50% of the year (6 months or more). child support doesn't by any stretch of the imagination equal 50% support. i worried the same thing. my friend's husband's a retired CPA for the gov't & was the one that told me this. my ex threatened & threatened...i still filed my taxes as usual & never heard another word, b/c uh...no...the kids w/you! hope that helps
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If he is not paying child support why should he be allowed to use her as a tax deduction? Actually I think this is funny, contact the child support agency for your county and inform them about this court case. I am sure they will want to be there to slap an order for child support on him. Request the court order child support be deducted from his wages and sent directly to you.
Good luck :-)
You really do need to talk to an attorney. Only an attorney will know the law in your state. Only an attorney is qualified to give you legal advise. If you can't afford it, check into some legal aid. There is usually some available in every state. They will either do probono or have a fee scale usually based on income. The sooner you talk with one, the better.
You're in New Jersey. I'm in California. Contact a local tax preparer. If he has no custody and doesn't want any, in California, I believe my ex gets gets a deduction for his child support but he can't claim our child as a dependant because he doesn't live with him.
You don't have to fall for this trap. I was told by my ex that I would only get child support if I signed the paper allowing him to claim the child as a dependant. I didn't sign. I claimed the child on my taxes.
New Jersey laws are likely different, but in CA, you have to have the child live with you more than 6 months out of the year and you have to prove that you provide more than 50% of the child's upkeep.
In CA some couples trade off filing years, but I never had to do that. The support I received didn't come close to covering half of the child's expenses.
If you have a legal aide office in your area, contact them. If they can't answer over the phone, they can set you up with a consultation with an attorney for about 25 bucks.
In the meantime, if you know a local tax prep person, ask them what the guidelines for claiming a child are.
I was never forced by the court to allow the absent parent to claim my child on taxes.
Best wishes.
If he is paying child support then he has certain rights in the eyes of the courts.
For one if he wants, he will also get visitation.
You should probably contact your own lawyer and see how you can fight any of this.
Most likely the judge will have you alternate years. I've known people in your situation, mom has primary custody and dad pays support and that's how it worked for them
I do not think so. She lives with you and you are the primary. What a loser. Sorry. You will be fine. My husbands exwife allowed him to claim one of the children through court. However even then he can not claim Head of house hold for her because she does not live with him. They will not give it to him.
Who gets the tax deduction is a separate decision from child support and visitation. What is typical can vary by state. The court could grant him that, or not, depending on state law, legal precedent, the skill of his lawyer, or how the judge is feeling at the moment... A court appearance could end up costing you both more than this deduction is likely worth. I would advise you to talk with an attorney if you have one. You could propose to him that you each take the tax deduction on alternate years, and SKIP the expensive court appearance. There is a form you sign to show that you've given permission for him to take the deduction for the specified year that he then submits with his tax forms.
It is my understanding that only the parent who has the child living under their roof for a minimum of 6 consecutive months can be claimed as a dependent. He's just trying to get more money back on his return and screw you on yours.
My ex tried the same thing a few years back. I called the IRS and gave them a heads up. I gave them mine and my daughter's SS# so they could keep it on alert. I suggest you do the same.
I seriously doubt that a judge would/could award him the privilege.
There are specific requirements for claiming a dependent for tax purposes. The court cannot order that he be able to claim her. You can look this up by googling IRS-dependents.
I agree that you should take the IRS requirements to court with you.
The NJ courts often have the parents alternate years claiming the child on their taxes (he does it one year, you do it the next, and back and forth). I seriously doubt the father will get to claim her every year, but there's a good chance he'll get to do it every other year, since he's paying child support.
The family judges are great, and they will know what to do to protect you.
Good luck!
If she's not his dependent and lives with you then he can't claim her. In fact, it doesn't even make sense for him to take you to court for it since you have nothing to do with it.
most likely not.......but you never know with the court systems these days......
