Committed Dad

[Kman73]

What is the name of your state (only U.S. law)? CA
I am the proud father of a beautiful 4 1/2 year old son. I pay 285 a month in CS and an addittional 220 in medical. I am what they call a 30% custody father. My question is if my son's mom has not worked the entire year and our original agreement was for her to claim him will I be able to claim him this year? You may ask how is she surviving, she moved in with her now ex and had a baby with him but that ended 3 months ago and she is now living with her mom. I am looking into getting 50% physical time if I can figure out how....Sorry if this is a dumb question...Thanks

 

[Isis1]

What is the name of your state (only U.S. law)? CA
I am the proud father of a beautiful 4 1/2 year old son. I pay 285 a month in CS and an addittional 220 in medical. I am what they call a 30% custody father. My question is if my son's mom has not worked the entire year and our original agreement was for her to claim him will I be able to claim him this year? You may ask how is she surviving, she moved in with her now ex and had a baby with him but that ended 3 months ago and she is now living with her mom. I am looking into getting 50% physical time if I can figure out how....Sorry if this is a dumb question...Thanks

hopefully, i can relay this information correctly. federal law requires the primary parent to claim the child. that is the parent whom the child lives with at least 50% of the time. (last time i read the form a stepparent, grandparent or legal guardian can also claim)

now, you would need a court order to change that. you can request the courts for mom to fill out a 8332 form every other year so you can both claim the child switching every year.

a 50/50 custody change does not garuntee no child support to be paid. so toss that idea out of your head. and i'm being very serious.

if you really REALLY want 50/50 time share money would not be in question.

 

[Kman73]

Thanks

I hear what youare saying....Obviously it's not all about money but with increased time comes more expenses that's all...

 

[TinkerBelleLuvr]

Have you asked mom about this?

All about claiming exemptions:
http://www.irs.gov/publications/p501/ar02.html#d0e3180

And

You would need an 8332 since you are not the custodial parent.

 

[Kman73]

I mentioned it to her last year when she was in a similar situation financially and even offered to donate/give her half(yes I am trying to save myself from paying). I would still rather not pay and give most of it back. Does this make me a bad person? If she had been working than I would not even bring this up. She is currently getting cash aide and not receiving support for her daughter from her ex....I know, choices choices...

 

[Isis1]

I mentioned it to her last year when she was in a similar situation financially and even offered to donate/give her half(yes I am trying to save myself from paying). I would still rather not pay and give most of it back. Does this make me a bad person? If she had been working than I would not even bring this up. She is currently getting cash aide and not receiving support for her daughter from her ex....I know, choices choices...

if she is getting cash aide with your child and her other child, BOTH of you fathers will be paying that back to the state. and they will hunt everyone down to get their money back.

 

[TinkerBelleLuvr]

I suspect what he means is that he offered to split half the refund that he would get for claiming the daughter on the taxes.

He is only required to pay what is court ordered. If he is doing that, he would have no other reprecussions from the state.

 

[meanyjack]

IIRC...if she is not making enough, then her claiming the child for tax purposes is useless. Ldi I am sure will correct me if I am thinking wrong...

 

[Kman73]

The cash aide has what I pay to her included. I have no arrears and have everything taken out automatticaly. The father of the little girl would have to pay back the funds I have been told. But he works under the table and is refusing to pay. But that is his cross to bear and not mine.