Another WWYD regarding tax credit/child support

[wallyworld]

I have had custody now for a year and a month. The custody agreement signed by judge states "temporary custody shall be awarded to the father with the mothers right to visit the child at any reasonable time and place"--the original document stated CUSTODY-not temp-but she crossed it out and wrote temporary next to it.--

She also did NOT agree to IL being the homestate, but did not contest (ie cross out and change) that IL had the jurisdiction to change the original custody agreement.

She did however agree thatt she did NOT have to pay child support (obviously) BUT she disagreed that I should get the tax deduction every year-- SO the orignal order that states they alternate it stands.

 ALso, not sure if this matters or not but she forgot to cross out and write NOT AGREE/Temporary above the portion of the order under "it is herby ordered" that custody is awarded to the father. So really it is not 100% clear whether we have regualar custody or temp. We've consulted our attorney in IL and a FL one and they are both unsure.

So we get to claim daughter for 2007. BUT in 2008 her mom does. IT IS NOT FAIR! She pays NO support for her and only sees her for about 2 months out of the year. When I was non custodial I paid support and still paid support during the 3 months out of the year we had her.

So do you think we should go back to court and at least have it chaged that we get the tax duduction every year--- unless she starts paying support OR should we let it go as it may open a can of worms due to the wording of the order????I think I need to get the order clarified stating i have custody now, not temp, as I have had her over a year...but again everything is going smoothly I'd hate to have her screamin mad again...
We had no problems sending her down for xmas break and getting her back...

[MixedBag]

Considering your history -- thinking waaaay back as opposed to the last 18 months, wanna say you have a definite right to be concerned.

For folks who don't know, Mom hid or never let dad know where their child was for waaaay to long (years) etc....  So mom hanging on to the child one day and repeating this behavior is still first and foremost when I read a post from Wally.

Do the math....Claiming the child on the front of the form changes your tax obligation by $XXX (IMHO, not worth it), on the back for the credit (IMHO worth it way much more).

Why connect the two???  Maybe that's the way to go...

Why not work in IL to get a simpler non-aggressive motion pushed through to remove that the the tax stuff gets alternated due to the fact that the child has lived with you now for 18 months+ and the mother does not pay child support.

Maybe if you stay away from clarifying custody, she won't come to IL and fight this.

[wallyworld]

That was my thoughts exactly.

Things have been fine since August (not saying the she was "tricked"/"blackmailed" into signing) BUT who knows how long that will last.

I really am over getting child support from her.  Not that big of a deal.  I don't need it.  To me it was a matter of principle.  

I think I will talk to my lawyer about a non aggressive motion to remove the alternating deduction.

Also,  What happens if ex does decide to not return her one day? (although, not concerned yet as she "can't" even come up with $$ for a spring break plane ticket-her husband's a pilot making 55000-- AND I even said I'd half it with her as daughter really wanted to see her!!)  Do you think Ive had her long enough for IL to be home state?

[MixedBag]

6 months, yep.