Messages

21

Child Support Issues / RE: EX took child deduction when it was our turn.

« on: May 01, 2007, 09:58:21 PM »

>How do you know?  Do you know someone or did it happen to
>you?


Do you really think the IRS is going to not go after money that is owed?  Especially when they have the authority to automatically deduct what is owed from the paycheck?  
 

22

Child Support Issues / RE: EX took child deduction when it was our turn.

« on: May 01, 2007, 03:43:29 PM »

>We rotate every other year, and in our legal paper work it
>states father get's even years mother odd. Well for 2006,
>mother decided to claim the deduction and submitted her taxes
>before we did.
>
>We e-filed and it bounced back, that XXX social was already
>claimed. So we had to mail it with a copy of the legal plan
>stating it was our right for the child deduction. A week later
>we got our full refund.
>
>But now I wonder, what happens to the ex? Do they notify her?
>She obviously had submitted her papers early to get the
>deduction before we did. And I'm sure she already got her
>check and spent it. Do you suppose they will revoke it or make
>her pay it back? Anyone had this happen to them?
>
>We just didn't want to stir the bee's nest if  you know what I
>mean.

They will most definitely notify her and they will make her pay it back with interest and a penalty.  

23

Child Support Issues / RE: Nannies

« on: Apr 23, 2007, 06:17:16 PM »

>
>>Your best bet is to contact an accountant who deals in taxes
>>to help you set this up.  
>
>
>Another option is to hire her through a local nanny agency.
>They'll add a small percentage to your total cost, but will
>save you all the paperwork and IRS worries.

Went through an agency with the last family that I worked for.  The agency doesn't handle the tax withholding or reports necessary.  What the agency does is supposedly run a back ground check on the candidate.   Agencies (in my state, which is a high cost of living state) usually charge a minimum of $1,000 to place a nanny.  

Not trying to be argumentative, just pointing out my experience with an agency.  

24

Child Support Issues / RE: Nannies

« on: Apr 22, 2007, 07:27:55 PM »

>Ok, I have a question for all you Accountant savy people.
>
>We have a special needs son that requires above and beyond
>regular care in a daycare setting.  Therefore I need to hire a
>nanny for the summer and hopefully hang on to her after that.
>
>BF is required to pay a portion of daycare expenses.  Our
>state also just went to the shared income model.  What do I
>need to provided or what kind of documentation do I need to
>submit to CS for his portion?
>
>Also...for tax purposes, anyone know how that works for a
>"house employee"...what does the IRS need?


The first thing that you need to do is put her on the books.  Are you going to have a contract?  When I was a nanny, it was a year contract that clearly spelled out how much was paid and what the duties are.  

That will be sufficient for the courts.  

Now for the IRS.  You will need a copy of the social security number.  The nanny will need to fill out a W-4 stating what her withholdings are.  And you will need to contact the IRS to send you the paperwork (along with a tax table of how much to withhold), FICA is pretty standard.  You pay a percentage (part of the cost of the nanny so be sure to include this when giving paperwork to the courts for proof of how much you are paying).  You also have State taxes (if applicable), unemployment and disability tax.  

Your best bet is to contact an accountant who deals in taxes to help you set this up.  

25

Child Support Issues / RE: give up parental rights

« on: Apr 21, 2007, 04:47:21 PM »

>I am wondering if anyone knows if i give up my parental
>rights to me child will that eliminate me from paying child
>support? If not can someone please tell me how to get the
>monthly payment amount set at the lowest amount possible? I
>live in Wisconsin, pay a $1200 mortgage along with many other
>debts, i have a newborn child that lives with me full time
>that i support, does the court system take that stuff into
>consideration or will i have to give up everything i have to
>support my first child whom i had equal custody of until an
>evil judge discriminated against me and took my custody and
>placement Away. Any info will be wonderful


The only way that a court will let you give up your parental rights is if there is someone who is willing to adopt the child(ren).

Child support is based on your income.   You had this financial obligation BEFORE you had another baby.  Having another baby doesn't relieve you of that.  And in a lot of states, it doesn't even reduce the support.  The first children were there first.

And judges don't take away custody and set no visitation at all without a damn good reason.  Even the ones who are pro-mom.  They usually set some type of visitation for the ncp.  Even if it is supervised.  

26

Child Support Issues / RE: Payroll clerks/accountants...anyone?

« on: Apr 18, 2007, 03:29:01 AM »

>Just a different thought on our situation with bm's employer
>not sending in CS as they are supposed to.  It is now over
>four weeks this time..she is ordered to pay weekly.
>
>Isnt' it illegal to have this money on their account?  Could
>this money be held to disguise some otherwise missing money?
>
>If so to either of those...how could we go about having that
>investigated?


Contact the child support enforcement agency and report the employer.  If that doesn't accomplish anything, take the employer to court.  They are violating the law.  And you need to contact them as soon as they are late the first time.  Don't wait 4 weeks.  

Wasting time and money on trying to figure out if they are breaking other laws than the one they are currently breaking is really a waste of time.  

27

Child Support Issues / RE: Quick question

« on: Apr 11, 2007, 05:48:22 PM »

>DH's child support order states:
>
>"In the event the child attains the age of 18 before the
>child's graduation from highschool, the child support payments
>shall continue until the child attains the age of 19 years or
>graduates from high school, provided that the child is
>enrolled as a full-time student in good standing in high
>school"
>
>SD is failing out of school in her sophmore year. She will
>likely have to repeat a grade. One of her trashy friends
>decided she wanted to graduate early by droppping out and
>getting her GED. Now SD wants to do that.
>
>I guess the question is, what does "good standing" mean? She
>is currently getting mostly F's and not attending school
>regularly.
>
>I understand that DH will likely have to keep paying support
>until she is 18 if she drops out of school. Chances are she
>will have to live with her mom. I was just wondering if she is
>18 and a senior but missing enough school to be truant or
>getting all F's, at what point can he stop paying?
>
>Ref

Unless they changed the rules since I took the GED, your SD (and her friend) aren't going to be able to take the GED until their class has actually completed high school.   Which means they don't graduate early.  

At what point can he stop paying?  If she drops out of school and is 18 years old, he can go to court to have the payments stopped.  Then it is up to the judge.

28

Child Support Issues / RE: complicated question

« on: Apr 11, 2007, 05:44:14 PM »

Duplicate posting

29

Child Support Issues / RE: complicated question

« on: Apr 11, 2007, 05:44:09 PM »

>Duplicate posting.

30

Child Support Issues / RE: complicated question

« on: Apr 11, 2007, 05:43:47 PM »

>So here's the deal.  My husband's daughter is in the college
>application process.  If all goes normally she will begin
>college at the age of 17, and turn 18 in the middle of her
>freshman year.  My husband's divorce in NJ states that he will
>pay child support to his ex-wife throughout their daughter's
>college enrollment.  This is on top of her college expenses,
>which we will also assist in meeting.   Now his ex-wife is
>questioning whether their daughter has the maturity to go to
>college and is suggesting that she might want to take a year
>off before applying.  
>
>Assuming for the moment that this plan happens, what would
>that mean for child support?  If my stepdaughter turned 18
>without being enrolled in college, would that make her
>emancipated, or would it just add another year of child
>support?
>
>Thanks for any insight you can offer.

That depends on the wording in the court order.  My divorce was in NJ.  

From the wording in my court order, I assume that child support would stop if they don't attend college as the only time off it addresses is the summer break.  A lawyer would be better able to advise you on your court order, though.