visitation expense problem-Iowa decree

[stealth2]

Dude - an NCP Is NOT a deadbeat if there is no support order. THAT part is on you, my friend. You chose to wait until now. I suspect the court will not have much sympathy.

 

[TinkerBelleLuvr]

Even if she is allowed to claim one child, only YOU are allowed to claim EIC for BOTH children and child and dependent care. And why is she getting the exemption if she isn't working?

 

[TinkerBelleLuvr]

You have a court case coming up. If she pleads NOT having any income for the last two years, ask that you be allowed to amend YOUR tax returns to include the child she has credit for. In the event that she DID have income, that should smoke out that income.

The only ones who can LEGALLY claim the child are the ones who are supporting the dependents, or in the case of a divorce/ unmarried situation, the one who has been allowed to do so in the court order.

Now, if she allowed her boyfriend to claim the child, oh well, because HE is not a party to the divorce.

And again, if, in your tax filing, you were eligible for EITC, you would be able to get some additional monies for the child who you are not allowed to claim if you did not do so.

Ldij also knows taxes very well.

 

[divona2000]

What is the name of your state (only U.S. law)? Iowa
...decree states I have to pick up kids from her visits in Ohio after Christmas and Summer visits...She recently moved to Michigan, but drop off location is the same for visits. ...I can't afford the trip to pick up the kids at Christmas...She refuses of course to return them after her visit. Would I be in contempt if I do not allow her to take them across the country and I have no way to get them home?...

Drop off location is the same for visits? If ex wants to move around, that's up to her. Presuming that's also the decreed pick up location, just be there waiting for your children after the visit. From Iowa to Ohio...not exactly 'across the country'. If she isn't there at the drop off/pick up location with the children after their visit... then that's a new 'post-back' subject.

 

[HammerDad]

I have two words for you - imputed income.

The ex can stay unemployed all they want. But when it comes to the kids, the children have a right to be supported (financial, emotionally etc.) by both parents. So if your ex is unemployed YOU need to ask the courts to IMPUTE an income to her for the purposes of child support.

You say the ex has a degree. Go online and look for jobs that someone with her experience and education may qualify for in the Ex's area. Print off those postings and when it comes to court and the ex claims no money, you motion the court to impute an income equal to what they could make based off of the postings. And when that fails (which it possibly could depending on how reasonable the jobs postings you obtained are - ie. getting a CEO posting, or a job requiring 10 years experience won't work. You need entry level jobs in a field that the ex reasonably could qualify for), you then request that the courts impute an income at an amount not lower than full time minimum wage.

Yeah, she may qualify for a job that pays $80k a year. But getting CS based of of $20k a year is better than the nothing you've received in the past.

You need to start asking the right questions when you go to court. Because the courts can't issue an order for something you don't ask for.