Child Support Review and request to claim children for tax exemption

[kevkermit]

2001 my ex requested reduction in child support claiming that he lost his job due to an automobile accident and he could not perform his job duties the day following the accident so he was let go.

The judge requested medical documentation that he could not perform his job duties and proof that the ex filed for lost wages and the hearing was adjourned.  When we returned to court the request was denied for failure to meet the burden of proof.

5 months later ex requested review child support with the court referee which he is entitled to every two years here in Michigan.  I explained what had happened 5 months earlier with the judge and the referee dismissed the review.  

Here is it 3 years later and ex is requesting reduction in child support again and to be allowed to claim our children for tax purposes as there was no order regarding this when we divorced.

According to the Friend Of The Court here in Michigan they generally allow the ncp to claim the children every other year or if there are two children they have the parents share the exemptions.

My income is 3 times higher than the ncp's.  The ncp is only making $6.00 per hour.  I make anywhere from 16-20 per hour.  I have always provided the health insurance as it is free through my place of employment.  

1)  What might I be able to use to convince the referee of the court to allow me the custodial parent to claim the exemptions every year?

2) If the referee of the court gives the ncp the exemption every other year, do you feel I would have a good shot objecting and taking the matter to the judge?

3) Any suggestions appreciated.  

Thank you

[socrateaser]

>1)  What might I be able to use to convince the referee of the
>court to allow me the custodial parent to claim the exemptions
>every year?

The exemption is worth more to you than it is to your ex. Why not offer to split some of the tax savings with him? I don'y have time to run the numbers, but it's possible that you may be able to give him what he would get from the exemption, and still have a fairly sizable tax benefit yourself, rather than fight it out in court.

Take out your turbotax or taxcut and try a few different scenarios and see what you come up with. Also, if he were to claim the children for the purposes of the child care tax credit, he might get a bigger return back than you. So, between the various credits you might be able to increase your net savings to the government so that it benefits both of you.

If you just want to argue that you should get the exemption, then your argument is basically, that both of you have been living an established lifestyle based on you getting the exemption, and that it's in the child(ren)'s best interests that the status quo be maintained, so as to maximize the amount of income available for the children.

>
>2) If the referee of the court gives the ncp the exemption
>every other year, do you feel I would have a good shot
>objecting and taking the matter to the judge?

I don't know the law of your jurisdiction or the predisposition of the judge involved. More than likely the hearing officer does know and he/she's ordering what the judge would probably order, so that's where I'd give it my best shot.

>3) Any suggestions appreciated.  

See above.