Trial coming up!

[footballdad]

Have not posted in awhile.  I have a motion to modify filed and am anticipating change of custody to be granted.  I got myself an attorney... actually did research, got recommendations and got one of the highest-recommended.  So I haven't been posting here, rather I am letting him handle it. 

One question I am still coming up with, does anyone know a good way to get documentation from the state, like an itemized list of all child support which has been paid?  LBFH has claimed my son on her taxes for the past three years in violation of the court order, but I have to be able to prove that all child support was paid during those years.  We're expecting that she'll be ordered to amend her returns and sign the IRS release form.

[ocean]

In NY you just call the child support hotline and then send it out, we have gotten years worth in a packet. Also, online but here is only goes back a few months.

[rjmurdock]

The problem with her claiming the child on her income tax is if your custody order is post-2008 the IRS doesn't care what it says. The IRS says the parent with whom the child spends the most nights is eligible to claim the child and in order for the non-custodial parent to claim the child she would have to provide you with a form 8332 which is a release of the exemption and even then you would not be eligible for head of household, dependent care expenses, or earned income credit. Your court may care and may charge her with contempt. There are many circumstances I have seen where a custody order about who can claim what on taxes is in direct violation of federal law. I suggest you look into the federal law on claiming dependents and make sure your custody order is in line with those laws.

[PeaceofMind]

I have always gone to my local DCSE=Department of Child Support Enforcement and asked for a printout history all the way back to when the case began. They track every penny paid. Hope that helps.