can never married non custodial parent claim child every year

[macli]

What is the name of your state? Illinois

I have just after 4 year decided to modifiy child support due to child expenses. As of now the father does not visit child and gets to claim him every other year. He said if I modify he will ask to claim child every year because he will be paying most of his expenses. Does he have the right by law to do this as the child lives with me all year around? I have known the dad since we were 13 years old and I am not out to rake him over the coals but it does cost more as my son gets older and I feel he should help financially "rather than my parents". Either way I need to modify but concerned he may get to claim every year. He has 2 other children he claims every year, I have none. Also, if he trys to claim every year why can't I? Or should I get a lawyer and try to claim every year because of the never married parents law...not sure exactly what my rights are.

 

[critterperson]

What is the name of your state? Illinois

I have just after 4 year decided to modifiy child support due to child expenses. As of now the father does not visit child and gets to claim him every other year. He said if I modify he will ask to claim child every year because he will be paying most of his expenses. Does he have the right by law to do this as the child lives with me all year around? I have known the dad since we were 13 years old and I am not out to rake him over the coals but it does cost more as my son gets older and I feel he should help financially "rather than my parents". Either way I need to modify but concerned he may get to claim every year. He has 2 other children he claims every year, I have none. Also, if he trys to claim every year why can't I? Or should I get a lawyer and try to claim every year because of the never married parents law...not sure exactly what my rights are.

macli
first of all in my experience as a CP in illinois NCP pays 20% of net income (1 child). Most families split the tax deduction every other year unless the other parent is behind on child support and in that event the NCP can not claim child on taxes. In my case NCP doesn't pay me enough cs to even consider claiming dependant. So I think he may be blowing smoke. Call a lawyer in Illinois and get a free evaluation over the phone. Another idea is that if you have your C/S paid through the courts you don't have to modify every couple years the state does it for you as his income increases

 

[LdiJ]

What is the name of your state? Illinois

I have just after 4 year decided to modifiy child support due to child expenses. As of now the father does not visit child and gets to claim him every other year. He said if I modify he will ask to claim child every year because he will be paying most of his expenses. Does he have the right by law to do this as the child lives with me all year around? I have known the dad since we were 13 years old and I am not out to rake him over the coals but it does cost more as my son gets older and I feel he should help financially "rather than my parents". Either way I need to modify but concerned he may get to claim every year. He has 2 other children he claims every year, I have none. Also, if he trys to claim every year why can't I? Or should I get a lawyer and try to claim every year because of the never married parents law...not sure exactly what my rights are.

Unless he pays a really astronomical amount of child support (in which case he would have a very high income and the exemption may not be of much value to him, because it does eventually phase out...and the child tax credit phases out relatively early) then its not very likely that the judge would award him the exemption every year. Its happened, but its very rare.

If he pays a relatively low amount of child support (in the overall sense of things) then its possible a judge might give YOU the exemption every year...but again that's not very likely at this point.

 

[macli]

cp and tax claim

He does give me 20% $500.00 a month and when I went for modification of course he called and threatened me with the "he'll claim him every year as he will be paying most of the expenses". He told me I would get a $80.00 a month increase but was it worth it to lose the claim at the end of the year. I have agreed to every other year claimAs I said I have not increased in 4 years its not that I'm trying to take him for everything but my child is costing me more as he gets older. I do get my check through the court and had no idea it could automatically upgrade. I will check into this. I felt that if he takes me to court and wants to claim every year then why shouldn't I do the same since I am the custodial parent that has the child all year around. He always states he pays for more than 50% of the childs care. How does he know, as I have encouraged a relationship numerous times with father and son but to no avail he is not interested. His wife doesn't like the fact that he has a child (before they even met) with someone else. I don't understand why we the single parent are the bad people because we need more help. I only ask what the law provided and no more but no less either. Thanks for the advise and for not downing me because I want what I think I and my child deserve. My son the child support and me the tax claim (which of course he benefits from).

I really hate all this court stuff. I was only asking for an upgrade not to take away his claim every other year but he is furious I want a modification and therefore needs to take something from. I don't think I'm wrong in requesting that. I wish he could understand that I don't do this to hurt him. Life sucks sometimes but we must do what is right for the good of our children. Thanks again you have helped and I feel a little less stressed.

I'm new to this but it helps to talk and get input. I have read some other peoples issues and people can be very mean. Its nice when honest, honorable people give their opinion.

 

[Naturalmom]

I rrecently address this topic in september 2004 . Iam the CP as the break down is 70/30 me being the 70%(MOM) I have claimed child from the beginning we where not married nor living toghter. Father decided this year he wants to now claim child EOY the judge said NO.... he said this is a known fact that even though child support is being paid, CP still lay out more support towards child above the "set dollar amount stipulated". Also since he is deliquent in support you cannot claim monies that have not been paid out. So as the CP I will be claiming child each year only. The annul increase is called C.O.L.A. The typical is every three years it automaticaly is reviewed fo support,Unless stipulated in court orders otherwise probation will automatically do this and notifiy you of it. By the was COLA is cost of living increase which is quided by current intererst rates set by GReenspan not sure how to explain it because I get confused with the percentages. So threating you is a waste of time.

 

[macli]

Thank you so much. It certainly does help me to relax about the upcoming court date. He makes me feel like I am being so cruel to modify support but he has no concern for my/our child, its all about the money. I wonder why I should feel bad about "hurting him" when he doesn't visit our child and that hurts alot more than having money taken away. My son is 8 hasn't seen his father in 7 years but speaks of his "dad" often and wants him to visit. I have written letters begging for him to have visits/doesn't have to be overnight but his new wife won't have it as she does not like that her husband had another child (before they met). I feel he should have stuck up for his son in the beginning and be the parent I know he could be. I even offered to have someone else drop him at a neutral location so I would not be involved after he was old enough to talk as I was concerned about his wife being cruel. Not physical but verbal or mental abuse as he doesn't accept him. So, why am I so concerned about him and his family?? My first priority is my son and I am going to do what needs to be done for him and not think about hurting anyone else. Sorry but it help to talk about it and makes me feel better to know that I am doing the right thing.