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Author Topic: Seeking joint custody, general child support issues  (Read 2568 times)

cdrmt84

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Seeking joint custody, general child support issues
« on: Apr 07, 2012, 02:26:47 PM »
My issue is actually quite a few issues. Basically, I have been court ordered to pay support. The support decree was decided amongst my ex and I, therefore we did not actually see the judge because we agreed upon an amount. My first question is can she have this amount increased? Another issue is that I've had to withstand threatening messages because the money wasn't delivered to her liking (albeit it was paid in a timely manner).

When I moved, I was out of work for six months so I did fall behind, but to this date, the support money comes directly from my check before I even see it. When I got my school loan, I told her that I would pay some of the remaining balance which was only about 600 dollars behind (even though she still got money biweekly from my current job earnings). She has withheld visitation from me because she assumed that I was lying about the money (I paid it by money order on a Friday, and by Monday it was deposited on her card). I still have threatening email messages from her that includes her saying that she will take me to court and she frequently refers to it as "MY" money.

She has not worked in over a year and currently her boyfriend (who has been married for over two years to another woman) resides with her in the home along with my daughter. That is not my issue. My issue is that she allowed her boyfriend (mind you, married to another woman yet he resides with her) to claim my child on his taxes because my ex did not work long enough to qualify for EIC. I believe she may have worked the equivalent of less than a month in over a year. She asked me to claim her, but I've never claimed my kid before because she always has (even when my kid and ex lived in the home with me that I provided and paid all the expenses).

I could care less to claim my kid, however, I don't believe that she should allow anyone besides herself to claim my kid, much less her married boyfriend (he just got divorced last week). I have started keeping receipts for things, especially since she claims I do nothing else. These receipts also serve as time stamps because some of the receipts are not just for item purchases, but for proving that I spend time with my child (which she claims I do neither). I'm currently enrolled full time in school and I also have a job.

I purchase my kid's school uniforms and supplies every year and I purchase things all year round outside of paying my support. That is my obligation. Recently, she returned all of the Christmas items I purchased for my kid for the money (she claims that none of the items worked). I'm pretty sure all of the items weren't bad as they were purchased brand new from Wal-Mart. I just returned home from a four day vacation back home, where my daughter lives. She doesn't understand that I'm in school to build a better life for me kid, so that I can increase my earning potential.

She also doesn't understand that when I get the time, I do visit and spend time with my kid, but she wants me to drop everything sometimes so that she can get a break. But if I don't pay the money, she has an attitude and threatens me. I don't understand because it's not like she works, and my kid is in grade school, so she only sees her for limited hours throughout the day. She also frequently takes my kid to my mother's house on the weekends so that she can party and go out to the clubs.

Her life is her life, but she seems to think that she is obligated to run my life, and tell me when I can and cannot see my kid, where I can live, and what I can buy or do for my kid. With that being said, how should I proceed in filing for joint custody in the state of Louisiana with little to no funds for a lawyer. Is it even possible?


ocean

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Re: Seeking joint custody, general child support issues
« Reply #1 on: Apr 07, 2012, 04:35:53 PM »
Do you have a custody or visitation order? If yes, what does it say about when you get child?

She can always take you back to court for an increase. Usually every 3-5 years the custodial parent can get a cola increase or if she can prove there is a reason she needs more money (change in circumstance).

She can not with hold visitation from you due to money. Once you have a court order stating the days/times you see child, that is when you go get her. If she denies that time, you can take her back to court for denial of visits, regardless if you owe money.

Tax refund, you can ask the courts to give you the tax break every year, or every other year. The mother's boyfriend has to claim he pays for more than half his care last year.

rjmurdock

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Re: Seeking joint custody, general child support issues
« Reply #2 on: Apr 22, 2012, 12:26:14 PM »
Actually according to the federal tax law the boyfriend may claim the child however, he is not entitled to EIC, child care credit, Head of Household or child tax credit. In order to claim these credits you must be related to the child either by blood, marriage, or adoption. If you know he claimed these credits for your child I would suggest calling the IRS and reporting him. They will look into it and he will have to pay back his refund plus interest and penalties this might make her think twice before doing this again. Also as a custody order that is 2008 or newer will have no relevance with the IRS you will want to put a stipulation requiring her to sign a form 8332. Which is the federal tax way of allowing you to claim your child for exemption and the child tax credit.

 

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