Agreed Shared custody and payments.

[Chariot44]

What is the name of your state (only U.S. law)? New Hampshire

My Ex-girlfriend (never married) were together for 7 years roughly. Our son is now 7 years old and we share custody 50/50 as agreed upon by both of us. I've also agreed to pay 100 dollars a week to her for child support. However, I buy 90% of all his clothes, toys, entertainment etc. She only works part time, and without my money should would barely scrape by. She has opportunity to improve her income, but it's easier for her to stay pat and just take my money. my questions are;

A) Am I legally bound with shared custody to pay her weekly, and if so am I paying too much/little?

B) Is that money something I should claim on taxes since I am paying the taxes for that portion of her income already?

I am by no means a dead beat Dad, I want to do the right thing, and I want to see my son as much as possible 50/50 is fair to us both, I want her to see him too. Thanks everyone.

 

[TheGeekess]

What is the name of your state (only U.S. law)? New Hampshire

My Ex-girlfriend (never married) were together for 7 years roughly. Our son is now 7 years old and we share custody 50/50 as agreed upon by both of us. I've also agreed to pay 100 dollars a week to her for child support. However, I buy 90% of all his clothes, toys, entertainment etc. She only works part time, and without my money should would barely scrape by. She has opportunity to improve her income, but it's easier for her to stay pat and just take my money. my questions are;

A) Am I legally bound with shared custody to pay her weekly, and if so am I paying too much/little?

B) Is that money something I should claim on taxes since I am paying the taxes for that portion of her income already?

I am by no means a dead beat Dad, I want to do the right thing, and I want to see my son as much as possible 50/50 is fair to us both, I want her to see him too. Thanks everyone.

Without court orders, Mom doesn't have to let you see Junior and you don't have to pay her CS.

Court orders protect everybody. I'd suggest you get some.

I'm sure if you google NH Child Support Calculator you can get a pretty good idea how much CS should be.

No, you don't claim anything on taxed that relates to CS. If it were alimony, sure.

 

[mistoffolees]

Without court orders, Mom doesn't have to let you see Junior and you don't have to pay her CS.

Court orders protect everybody. I'd suggest you get some.

I'm sure if you google NH Child Support Calculator you can get a pretty good idea how much CS should be.

No, you don't claim anything on taxed that relates to CS. If it were alimony, sure.

I agree - with one clarification. Your statement is absolutely correct in this case since OP will not be able to claim the child on his taxes. It may not apply to everyone.

In some cases, someone could be ordered to pay some or all of the child's day care expenses as part of their child support. If the payor is able to claim the child as a dependant, then they could deduct the child care expenses they pay.

 

[Chariot44]

There is only a small amount in the summers due for that "day care", and it goes to her mother that watches him for us. it's an extra 100 a month, nothing to worry about really. Thank you guys btw for the quick responses. I appreciate it^^

 

[TheGeekess]

I agree - with one clarification. Your statement is absolutely correct in this case since OP will not be able to claim the child on his taxes. It may not apply to everyone.

In some cases, someone could be ordered to pay some or all of the child's day care expenses as part of their child support. If the payor is able to claim the child as a dependant, then they could deduct the child care expenses they pay.

I don't think they can. I think, along with EIC/HOH that that particular deduction resides with the parent who has custody the majority of the time.

http://www.irs.gov/pub/irs-pdf/i2441.pdf

 

[mistoffolees]

I don't think they can. I think, along with EIC/HOH that that particular deduction resides with the parent who has custody the majority of the time.

http://www.irs.gov/pub/irs-pdf/i2441.pdf

Looks like you're right. I missed this part:

The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents.

 

[LdiJ]

I agree - with one clarification. Your statement is absolutely correct in this case since OP will not be able to claim the child on his taxes. It may not apply to everyone.

In some cases, someone could be ordered to pay some or all of the child's day care expenses as part of their child support. If the payor is able to claim the child as a dependant, then they could deduct the child care expenses they pay.

Sorry, but child care expenses can only be deducted by the parent with primary custody, as defined by the IRS. In a 50/50 situation (by which the IRS is mostly referring to unmarried parents living in the same household) child care expenses can only be claimed by the parent with the higher income.
If someone has a true 50/50 situation, (which is hard to do since there are 365 days a year, except leap years) the parent with the higher income would still apply.

So, its important to be careful when stating that someone can claim child care expenses if they are paying child support that include child care expenses.