What is the name of your state (only U.S. law)? MD and VA (support order originated in MD; we both live in VA now)
I've been divorced since 1996. My ex-husband and I lived in MD at the time of our divorce. Now we both live in VA.
My ex-husband was ordered to pay $550 per month for child support for our daughter. My ex moved out-of-state a few times during the first few years after our divorce. During that period, I did not make him pay child support because he needed to use the money to fly in for visits (and because I tend to be too nice).
In 1999, I remarried and relocated to VA, and my ex was fine with that. He also remarried, and his wife is from the part of VA to which I moved, so they ended up moving down here too. My ex-husband did pay child support for a few years when our daughter was in elementary school - the money was used to pay for private school tuition.
When she started middle school, I stopped asking my ex for the support money...I figured we were sharing expenses and I didn't need the money. He also claimed that he had a college savings account for our daughter and assured me that he would take care of all of her college expenses.
Well...now our daughter is a freshman in college, and he's saying he doesn't have the money to pay for tuition. I reminded him that a) he said he had a college account for her and that he was going to take care of her college expenses, and b) that I didn't enforce his child support payments because he assured me he'd take care of her higher education costs.
Per our divorce agreement, we alternate years claiming our daughter on tax returns. 2011 is my year. He is saying he wants to claim her because he pays her cell phone bill and car insurance. Our daughter's grandparents paid her college expenses for the year, since it turns out my ex actually does NOT have college money for her at all. He either had an account and used the money, or never had one at all. I can't get an answer out of him either way.
I am going to claim her on my taxes for 2011 per the divorce agreement. Knowing him, he will try to claim her too.
She lives with me most of the time anyway. Also, if I claim her on my taxes, she will be eligible for far more financial aid (including Pell Grants). If he claims her, she will only be eligible for a very low loan (her father makes a very good income).
So, I have two questions:
1) If he tries to claim her on his 2011 taxes even though it is my year, what recourse do I have?
2) Is it too late to sue him for back child support? I really, really don't want to do this, but I don't think it is fair for our daughter to accrue loads of student loan debt because her father is irresponsible. In 2010, he earned around $14,000 per MONTH. I have no idea what he did with all of that money.
I want to keep things as civil as possible with him, but he makes it very difficult. I realize that per our agreement, I do get to claim her on the 2011 taxes, which will make college expenses much lower for her, but I'm concerned about what will happen beyond that. I'm just trying to get my ducks in a row, so to speak.
Thank you.
I've been divorced since 1996. My ex-husband and I lived in MD at the time of our divorce. Now we both live in VA.
My ex-husband was ordered to pay $550 per month for child support for our daughter. My ex moved out-of-state a few times during the first few years after our divorce. During that period, I did not make him pay child support because he needed to use the money to fly in for visits (and because I tend to be too nice).
In 1999, I remarried and relocated to VA, and my ex was fine with that. He also remarried, and his wife is from the part of VA to which I moved, so they ended up moving down here too. My ex-husband did pay child support for a few years when our daughter was in elementary school - the money was used to pay for private school tuition.
When she started middle school, I stopped asking my ex for the support money...I figured we were sharing expenses and I didn't need the money. He also claimed that he had a college savings account for our daughter and assured me that he would take care of all of her college expenses.
Well...now our daughter is a freshman in college, and he's saying he doesn't have the money to pay for tuition. I reminded him that a) he said he had a college account for her and that he was going to take care of her college expenses, and b) that I didn't enforce his child support payments because he assured me he'd take care of her higher education costs.
Per our divorce agreement, we alternate years claiming our daughter on tax returns. 2011 is my year. He is saying he wants to claim her because he pays her cell phone bill and car insurance. Our daughter's grandparents paid her college expenses for the year, since it turns out my ex actually does NOT have college money for her at all. He either had an account and used the money, or never had one at all. I can't get an answer out of him either way.
I am going to claim her on my taxes for 2011 per the divorce agreement. Knowing him, he will try to claim her too.
She lives with me most of the time anyway. Also, if I claim her on my taxes, she will be eligible for far more financial aid (including Pell Grants). If he claims her, she will only be eligible for a very low loan (her father makes a very good income).
So, I have two questions:
1) If he tries to claim her on his 2011 taxes even though it is my year, what recourse do I have?
2) Is it too late to sue him for back child support? I really, really don't want to do this, but I don't think it is fair for our daughter to accrue loads of student loan debt because her father is irresponsible. In 2010, he earned around $14,000 per MONTH. I have no idea what he did with all of that money.
I want to keep things as civil as possible with him, but he makes it very difficult. I realize that per our agreement, I do get to claim her on the 2011 taxes, which will make college expenses much lower for her, but I'm concerned about what will happen beyond that. I'm just trying to get my ducks in a row, so to speak.
Thank you.
