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Main Forums => Child Support Issues => Topic started by: BDIL on Aug 09, 2011, 01:45:29 PM

Title: Joint Custody - 70/30 - Child Support, Taxes
Post by: BDIL on Aug 09, 2011, 01:45:29 PM
I am the father and have joint custody of my daughter.  She lives with me 70% of the time and 30% of the time with her mother.  I use to have to pay her mother child support since I make a significant amount of money more than she does.  I make 60k annually and she said she makes $1,100/month.  This is how they do it in WI.  I have since got this terminated since the judge agreed that I should not have to pay child support.
I also pay about 9-10k a year in daycare costs.  This will be going down since she will be starting first grade.
We are going to trial next week to determine where she will go to school and finalize other matters.
She thinks we should alternate filing her as a dependent since it is joint custody.  I think I should be able to claim her on my taxes every year since she is with me the majority and I pay the majority of the support for her.  I am trying to get the child support moved to Il., where I live since she would then have to pay me child support.  I think if she pays child support then maybe we should alternate.  However if shes not paying any support and I have the majority of the expenses then I should cliam her every year. 
I also thought that you have to have your child 51%f the time to get the child tax credit.
Does she have a leg to stand on and ask the court to alternate filing her as a dependent.  Since I make more the tax break would be significantly more if I filed anyhow.  Anyone have experience with something like this?
Title: Re: Joint Custody - 70/30 - Child Support, Taxes
Post by: ocean on Aug 09, 2011, 01:59:00 PM
Is the mother now in the same state as you? Do you live close?

Usually you can not move a child support case to a new state. Each state is different and ends at different ages so you probably can not get that moved unless you BOTH are out of the original state and even then if your ex contests it, it may not be allowed.

At this next court date, she is now asking for custody? change of schools?

A court order is allowed to be sent to the IRS and allow mom to claim child or you can fill out one of the forms that allow her to claim her BUT you are totally in the right with this one. If she pays no child support and does not have child full-time then you get tax credits. You should win that one...but stranger things have happened in family court.
Title: Re: Joint Custody - 70/30 - Child Support, Taxes
Post by: BDIL on Aug 09, 2011, 02:22:28 PM
The trial will be held in Wisconsin becasue that is where my child was born and that is where court proceeding have historically been.  My child was born with drugs in her system so the state awarded her to me (women should be arrested for this).  I currently live in Il. and my child has lived with me for over four years.  The mother lives in Wi. however does not live in the same county where the court proceeding will take place.  I have filed for child support in Il. and they will not take it until Wi. releives jurisdiction.  So my lawyer will try and get the court to change jurisdiction to Il. since that is where the child lives. 
Yes, she is fighting where she will go to school, but it is clear that she will not win that battle (other unmentioned reasons).  It is more about financial issues, transportation, and visitation time now.  Mediation did not work.  Funny the court date is two weeks after school starts.  I find it unlikely they will uproot her and give her to her mom, who just got off probation.
She also has her own business and hides her income.  She did work recently with a W2 but lost that job after a few weeks.  Can you beleive I actually had to pay her child support for six months since my income is greater than hers.  This made me sick!  she got 4 overnights a month and I had to pay her child support and transportation costs.  What a joke that was.  So I am afraid that when the trial is settled that she can take me back for child support if WI does not releive jurisdiction. The old order has been terminated, I thought that the state where the child lives for the last six months has jurisdiction over child support.
Title: Re: Joint Custody - 70/30 - Child Support, Taxes
Post by: ocean on Aug 09, 2011, 02:35:38 PM
No, that is not totally true (6 month time frame) and here is why. In NY, child support goes to at least 21 so what would stop every custodial parent from moving here and getting it changed to get 3 more years of support...?

You can not just ask the new state to make an order but they can enforce an order from another state.

Since she is there and sounds like she may be involved with social service, the case prob will stay there.

Get ducks in a row. Courts like to have kids with their mothers still. Prove she is doing well in school, have your lawyer stall a few times if possible to have her in school longer. Bring report cards and attendance records, medical records of a healthy, up to date child. Show you are willing to have mom be apart of her life as much as possible as long as she is clean/sober/whatever the issues are. They give custody to the parent who will make sure child sees and is apart of both parents/families.

Do you have temporary custody now or perm custody?

It is not usual for a parent to pay child support when child is not with them more time. It is to make sure child is taken care of in both households and close to the same standards for both (or at least that is the reasoning behind it...that if you were together, child would have XYZ and still should in both houses).