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Contempt of Court

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jen0529

Junior Member
What is the name of your state?What is the name of your state? Colorado
I currently have permanent orders regarding child support and custody, and in our permanent orders it states that we have to alternate claiming my child on our income taxes. 2004 my ex is suppost to claim my child, but my question is, if he has been in contempt of court for drug use, is he still entitled to claim him?
 


juke

Member
Until you have a court order signed by a judge/magistrate, the original stands. Period.
Who said he's in contempt? You, or a judge? There is a big difference. Regardless, if the judge didn't modifiy the order, the EX is still entitled to the deduction.
 

VeronicaGia

Senior Member
jen0529 said:
What is the name of your state?What is the name of your state? Colorado
I currently have permanent orders regarding child support and custody, and in our permanent orders it states that we have to alternate claiming my child on our income taxes. 2004 my ex is suppost to claim my child, but my question is, if he has been in contempt of court for drug use, is he still entitled to claim him?
Unless the court order clearly states he cannot claim them for this specific reason, he can claim the child. You must follow the court order.
 

LMarie

Member
Just my 2 cents

The only way he can not claim the child is if he has not paid at least half of the costs of raising the child for the past year.
 

haiku

Senior Member
LMarie said:
The only way he can not claim the child is if he has not paid at least half of the costs of raising the child for the past year.
if a parent gets a court order that says they are entitled to the deduction it does not matter how much support they provide, they get the deduction.
 

BethM

Member
if a parent gets a court order that says they are entitled to the deduction it does not matter how much support they provide, they get the deduction.

That isn't the way it worked in my case. My ex was awarded the right to claim one of our children, me the other. The ex ended up actually providing about a third of what it cost to raise the child and provide for him. Mr. IRS told me to claim my son and if push came to shove all the IRS was concerned with was who spent the most money on making provisions for the child. I was told they didn't give a damned what the court ordered and that if the husband couldn't prove he had spent to majority amount to support the child then the IRS would not be giving him any dedctions for it. The ex stopped claiming him, I started claiming him. Call the IRS and see what they tell you.
 

audster

Member
yes, that may be true, and now your ex, if he is an intelligent man, would hammer you for contempt because I'm sure the judge won't care what the IRS said :D
 

BethM

Member
yes, that may be true, and now your ex, if he is an intelligent man, would hammer you for contempt because I'm sure the judge won't care what the IRS said

I'm not that stupid!! The original decree was amended to meet my new needs and the judge signed off on it. As for my ex and his intelligence...well, he proves every day just how stupid he is. He, himself, is in contempt of court on 4 separate issues. LOL!! You really think he is going to make a stink and bring attention to his own defiance? I think not.
 

audster

Member
In $ we trust.... :mad:

...And I can't help but notice that you said "the order was amended to meet MY new needs" This has what to do with the child's needs? :eek:
 
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BethM

Member
And I can't help but notice that you said "the order was amended to meet MY new needs" This has what to do with the child's needs?

My needs are to provide for my children. My children's needs are incorporated in EVERYTHING I do. The child needs a roof over his head...thanks to me he has that. The child needs clothes on his back and thanks to me he has that. The child needs food to eat and thanks to me he has that. The child needs and desires entertainment, vacation, toys, sports activities, club memberships and thanks to me he has that.

You damned straight it was amended to meet MY needs. As the parent who contributes the majority of the money to the raising of our children my need for the tax break outweighed his need.

Now, I know your attitude toward custodial mothers and could really care less how much you chase my a$$ around this board and try and bait me. Your obvious contempt and need to belittle all custodial mothers says a lot about your bitter dispostion and makes you look a bit foolish. Your views on the needs and wants of a child and what you should have to pay to get them met makes you come off as a cheap scape who resents having to help provide even the basics in life for your child. You put your "needs" above your child's need for a decent life and desire to have some extras along with it.

My children got the needs vs. wants speech from my ex huband last year. It was right before he took his much "needed" vacation to Europe with is new wife. While he was in Europe I was home with them putting their hurt feelings back together and scraping up the money to take them on a 3 day weekend so they could say they had, at least, had a vacation.

My ex husband walked off with 87% of his income and a HUGE change of heart regarding EVERYTHING the two of us had planned for our children and their future. I was left to make sure that at least part of those plans came to fruition. I don't give a damned what you or any other NCP who resents the hell out of paying child support thinks of me, whether you think I have a right to put my needs above his or not. I'm the one raising his children, covering the expenses he left me to deal with and thank God I had a judge who was able to recognize that my need for the tax break was greater than his.

Believe me, it hasn't made a dent in his lifestyle and his fulfillment of his "needs." It has made a difference for me though and anything that helps me financially helps my children.

Let me give you a little lesson about life and children. When children are grown and look back they are going to remember which parent it was that worked their butt off so they could have what they "needed" plus made sure they had a little of what they wanted. That is what I'm working for every day...for adult children who will respect me and look back and know I was the one who was hear providing and not off somewhere resenting what I had to do for them. I don't understand men like you and never will. I don't understand any parent who doesn't happily provide and give to their child.

Oh, another thing, NO, your expense for diabetic supplies will not and can't make a difference in CS. You knew you had diabetes before you had the child. No court of law is going to allow you to put the "needs" of your child on the back burner now cause it was you who chose to put yourself in a position to have the child knowing full well you had the medical disability.
 

audster

Member
know your attitude toward custodial mothers


Actually, some of my best friends are single mothers...I don't have a problem with CP's....just the ones that, as Stepmother 65 pointed out, feel that their life should revolve around an overactive reproductive system. I have a problem with a custodial Mom who leaves the Dad, finds some other schmuk to knock her up and has the gall to ask for more CS. If she needs the CS that bad then maybe Dad should've had custody in the first place. (Wow, I just solved the Welfare Crisis! Washington, here I come!)

And, no, Beth, that is not an accusation, please don't take it like one.....I have no idea if you fit the above mold...I hope not, and, doubt it but you do come across as a the vindictive ex wife type...no offense.

resents having to help provide even the basics in life for your child. You put your "needs" above your child's need for a decent life and desire to have some extras along with it.
Nope. i resent the fact that no matter what I paid, the child would see none of it. nothing, nada, zilch! Never has, never will. Mom is to busy popping out kids with new husband....niether of them have worked in years. As a matter of fact I double paid CS for 4 years trying to get to states sh*t together because they filed for Aid in both states at the same time!

While he was in Europe I was home with them putting their hurt feelings back together and scraping up the money to take them on a 3 day weekend so they could say they had, at least, had a vacation.
Well, good for you. But a vactation is not a need for you or the ex...although, I can see where that would get a little annoying. But let me ask you, if he offered to take the children to Europe, would you have let him?

I'm the one raising his children, covering the expenses he left me to deal with and thank God I had a judge who was able to recognize that my need for the tax break was greater than his.
Now, I don't know the details of your case and life, so I'll refrain from making any more blanket judgements, but I will say this about my own: my ex has made this exact same statement to me. You see, I finally got a hold of a judge that she had pi**ed off enough to use common sense instead of the "best interest" excuse and gave me a rather large CS credit (meaning since the ex had no means of paying me back for the grossly overpaid CS, I paid nothing till it evened up.....of course she cried foul. Anyhoot, I told her the same thing....if the monetary burden of raising our kids is too much then sign custody over to me....and I wouldn't ask her for a dime in CS, I don't need her money!

Let me give you a little lesson about life and children.
No thank you, I know quite enough on my own.

When children are grown and look back they are going to remember which parent it was that worked their butt off so they could have what they "needed" plus made sure they had a little of what they wanted
.

Then I guess I'll be fine....Mom of stepdad have not worked since 1997 :D

I
don't understand men like you and never will. I don't understand any parent who doesn't happily provide and give to their child.


...and I don't understand women who don't understand that it's not CS men resent, it's having thier children yanked away from them except EOW and a few weeks in the summer and being relegated to the role of wallet. For the last time IT'S NOT ABOUT MONEY, IT'S ABOUT UNFAIRNESS IN CUSTODY HEARINGS!

Oh, another thing, NO, your expense for diabetic supplies will not and can't make a difference in CS. You knew you had diabetes before you had the child. No court of law is going to allow you to put the "needs" of your child on the back burner now cause it was you who chose to put yourself in a position to have the child knowing full well you had the medical disability.
Ok, now that's just plain dirty....I could launch into a rant about the disease, but you really made a big assumption here.....the diabetes developed afterwards......hmmmmm. Oh, yeah, oldest daughter is diabetic as well. How many times do ya think i've paid for her supplies when Mom wouldn't....the term medical neglect comes to mind!
 

haiku

Senior Member
I am skipping the pissing match.........

BethM what does your court order say?

if a court order says an NCP can have the deduction, and the CP takes it anyway, the NCP can take the CP to court for contempt.

the CP will then be forced by the court to pay the NCP back whatever they lost by being denied thier court ordered deduction by the IRS.

to use your words, back at you, the COURT does not give a damn what the IRS says, they expect you to follow a court order.

my husbands x did this to him a few years, and when he took her to court over it, she got to pay him back a couple thousand dollars he lost because she did not follow thier court order.. endedreducing her child support a few years, because of a deduction she claimed she had a legal right to take per the IRS.....

So for those of you reading along, check your divorce decree before you think you can anyway because the IRS says you can.....
 
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BethM

Member
the COURT does not give a damn what the IRS says, they expect you to follow a court order.

And that is why I had the original decree modified to fit my need to claim the child. The original decree says he claims the child, the amended decree says that I claim both children.

I'm a hell of a lot more afraid of the IRS than I am Family Court. I've seen first hand what a Family Court Judge will do to someone who is in contempt....NOTHING. I've heard all about what the IRS will do to someone who cheats them. That is why I wanted to know directly from them who they considered had a right to claim the child.

Like I said in another post on this thread, I'm not stupid though. I filed for a modification and got one. That is what the original poster would have to do.
 

haiku

Senior Member
BethM said:


And that is why I had the original decree modified to fit my need to claim the child. The original decree says he claims the child, the amended decree says that I claim both children.

I'm a hell of a lot more afraid of the IRS than I am Family Court. I've seen first hand what a Family Court Judge will do to someone who is in contempt....NOTHING. I've heard all about what the IRS will do to someone who cheats them. That is why I wanted to know directly from them who they considered had a right to claim the child.

Like I said in another post on this thread, I'm not stupid though. I filed for a modification and got one. That is what the original poster would have to do.


***you are able to get the deduction ONLY because thecourt order now says you can. Which was NOT what you alludded to when you disputed my post originally. if you had not changed your court order, and it still said your ex could have your son, your ex could have taken you to court over it and WON.

And of course the bigger issue for this board is not giving others reading the wrong information which is what you have done here--
BethM said:
That isn't the way it worked in my case. My ex was awarded the right to claim one of our children, me the other. The ex ended up actually providing about a third of what it cost to raise the child and provide for him. Mr. IRS told me to claim my son and if push came to shove all the IRS was concerned with was who spent the most money on making provisions for the child. I was told they didn't give a damned what the court ordered and that if the husband couldn't prove he had spent to majority amount to support the child then the IRS would not be giving him any dedctions for it. The ex stopped claiming him, I started claiming him. Call the IRS and see what they tell you.
lets not forget the OP, has court order currently granting her ex the right to claim.
 
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BethM

Member
I have no idea if you fit the above mold...I hope not, and, doubt it but you do come across as a the vindictive ex wife type...no offense.

That is your problem, you have no idea who I am, what my story is, yet, you come behind me and make snide accusatory remarks aimed at deminishing my character as a person. That, audster is a sign of vindictiveness. Also, accusing someone who chooses to stand up for themselves once someone has insinuated their motives might not be pure is not vindictiveness...it's my right as a person to let people like you know they are barking up the wrong tree and need to think before they respond. You accusing me of vindictiveness is nothing but projection of your own feelings off onto me. Camaflouging the remark with a "no offfense" comment doesn't work, it's still quite plain what you are doing....you are swiping out at me because and for no other reason than I am a CP.

Nope. i resent the fact that no matter what I paid, the child would see none of it. nothing, nada, zilch! Never has, never will. Mom is to busy popping out kids with new husband....niether of them have worked in years. As a matter of fact I double paid CS for 4 years trying to get to states sh*t together because they filed for Aid in both states at the same time!

That is your situation, not mine and not that of all the other CP mothers I've seen you react negatively to on these forums. Of course I'm not real sure how you can say your child is not seeing any of the child support you send. They have to be living somewhere, eating something and the clothes they were have to be coming from somewhere. I've seen where you make reference to how much you have paid and how much you make. You don't pay enough child support that anyone...especially a woman who has had more children with her present husband...could possibly be living high off the hog with the money you have to send every month. It wouldn't matter if neither of them ever worked again. You are still responsible for a portion of the responsibility when it comes to raising your child or children. I'm not sure why you think you should pay less just because they don't work. Whether she works or not does not negate your responsibility.

Well, good for you. But a vactation is not a need for you or the ex...although, I can see where that would get a little annoying. But let me ask you, if he offered to take the children to Europe, would you have let him?

I'm not sure why you feel you have a right to define my needs and wants. If I feel the need for a vacation then it is my right to classify a vacation as a need. My ex can define it as a need for himself if he pleases. If my ex offered to take my children anywhere their bags would be packed and they would be standing on the door steps waiting for him when he got here to pick them up. In the 6 years he has been gone he hasn't done that once. He has spent two hours in the last two years with them, placed 3 phone calls in the last 2 years to them and believe me, the three of us gave up any hope of him ever wanting them in his life along time ago. I'm sure he finds some way to justify his non-relationship with his children and I'm pretty sure that I fit into the picture in some way...he is your typical, NCP who needs someone to be pissed at and who better than me and the court system that makes him pay the piddling amount he pays.

Now, I don't know the details of your case and life, so I'll refrain from making any more blanket judgements

Too late, you make a habit of making blanket jedgements all over these forums.

You see, I finally got a hold of a judge that she had pi**ed off enough to use common sense instead of the "best interest" excuse

You won't find me pi$$ing judges off. All I have to do is show up in court with the evidence and a judge can plainly see that my ex has no idea or concern when it comes to the best interest of his children.....which, I might ad is not an excuse for anything. NOTHING is more important than the best interest of any child that walks this earth. Only problem I see is NCP like you who laugh at the concept and a few judges who can't seem to understand the concept.

it's having thier children yanked away from them except EOW and a few weeks in the summer and being relegated to the role of wallet. For the last time IT'S NOT ABOUT MONEY, IT'S ABOUT UNFAIRNESS IN CUSTODY HEARINGS!

MY children weren't yanked away from my ex. He is the one who chose to leave them, he is the one who chose not to see them EOW and during summer visitation. He is the one who put himself in the role of being nothing but a wallet. My case has nothing to do with unfairness in custody hearings. Your case might and now you have chosen to make it about the child support. You didn't prevail in a custody fight and now it rankles the hell out of you to have to send her money. Makes one wonder exactly why you wanted custody in the first place is that is the real issue. Custody isn't about not having to pay child support...it's about a desire to be with your children on a daily basis and I have a feeling that if you were you would see just how little an impact that small amount of child support has on their needs.

Ok, now that's just plain dirty....I could launch into a rant about the disease, but you really made a big assumption here.....the diabetes developed afterwards......hmmmmm. Oh, yeah, oldest daughter is diabetic as well. How many times do ya think i've paid for her supplies when Mom wouldn't....the term medical neglect comes to mind!


So, it's OK for you to not be able to afford medical supplies for your condition...the courts should have sympathy on you. On the other hand when the mother of your children has to come to you for help with your child's supplies it should be considered medical neglect? Sounds like a double standard to me.

If NCP has a chronic, incurable lifelong health issue, say Type 1 Diabetes, that has signifigant medical costs (insulin, testers, test strips, monthly doctor visits, special diets, glucogen shots, syringes...ect) should that factor into CS

You, yourself say that your diabetes has been a chronic, lifelong health issue. When someone uses the words chronic and lifelong I don't think I'm assuming anything when I come to the conclusion they have suffered with the desease all their lives. You don't have to explain this desease to me. My father has it and managed to work a full time, well paying job up until retirement age inspite of the medical problems it caused him. I have a cousin who has it and she has managed to a career and decent lifestyle inspite of kidney failure desease of the retina and other problems. Mary Tyler Moore has it and has very serious health issues because of it and she has somewho managed to make ends meet.

I don't know anything about you other than what you have posted on these forums. According to you, you have a college education yet you work a $10.00 an hour job? You dog on your ex and how she lives off the state and yet you have no problem with a man who is college educated settling for a minimal salaried job.

I hadn't worked in 14 years, had no marketable skills when my ex left. I managed to motivate myself enough to get myself in a position of being able to make a living that meant my children and I could have a decent lifestyle and I wouldn't have to sit around and resent the fact that he had walked off with our security. If you resent someone getting child support because you don't have much income then the thing to do is put your thinking cap on and come up with a way to make more money. Might help you feel better about yourself which will rid you of some of your anger and vindictiveness.
 

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