Home     Law Advice     Insurance Advice     Community    
Family Law Archive : This Forum is no longer accepting new Questions. You can Answer existing Questions. Please post new Questions in other Family Law Forums.
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Family Law Archive

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

 
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-12-2000, 07:14 PM
wendyt
Guest
 
Posts: n/a
Post

I'll try to summarize as best as possible, I have been with my fiance since 1992, his son started living with us full time in 1994. (His mom moved to another state). He filed for child support in 1996 and finally received an order in late 1998. In 1997 we had a son together. When that happened we decided that it would be best for him to stay home with the kids and for me to go to work. Up until 1997 he has always claimed his son on income tax. Well, in 1998 when I went to do my taxes I was told I could claim my fiance, his son and of course my son. (Head of Household). Again, she was not paying support until late 1998. In 1999 my tax advisor said that even though she was paying support the court order had "conditions" on her so I still had the right to claim him. So I did. She did too. She called me and asked if I did and I said yes. The IRS made her drop the claim for her son because I had the right. I also found out she claimed him in 1998 also (she had to do it illegally). Well, this year she asked me if I was going to claim him again and I said yes. She is now trying to modify her court order that she can "unconditionally" claim him. Can the courts just say..OK..you can? There has to be conditions..what if she gets the grant and quits her job the next day? I am not a vindictive person but I feel I have the right to claim him. He sees her 6 weeks out of the whole year. Yes, she now pays support but I don't think it is over half of what I pay for him. The IRS told me that even if she had that order it would not matter because me and my fiance are not married and it has nothing to do with me. I just don't want to go ahead with it again and get burned. Any advice I'd greatly appreciate. (so much for a summary). Also, I reside in PA

[This message has been edited by wendyt (edited August 12, 2000).]
  #2  
Old 08-12-2000, 09:28 PM
Senior Member
 
Join Date: Jul 2000
Location: The 'Katherine Harris' Appreciation State.
Posts: 6,055
Post

It is unlikely that she could petition the court on this one item and suddenly be awarded the claim for tax. If there is no such order in the agreements then the CP gets to claim.

It is unlikely her petition to modify so she can claim will be approved.
 



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is Off
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:00 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.