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4children

Member
What is the name of your state (only U.S. law)? Virginia

Well, I received the corrected support guidelines this morning. And, I thank everyone for their response. The Judge did credit X for the child he say is living with him. Which, I still stay isn't his Biological daughter. Which reduced the CS $197.03 a month. Yes, I appreciate getting some Support. But, I don't like it that he is playing dirty. He will reap what he sow. All, of his lies will caught up with him, and soon.

I have my work cut out for me. If, anyone have any advice, please don't hesitate. I will do this the honest way. I just can't let this go. We have all our lives to Parent Our children. And I can't keep letting X control me. It's not all about the support. But, other things also. If, you all understand, please be patient with me. (smiling) I need Jesus. literally

Oh yah,
Below is my first Post.




What is the name of your state (only U.S. law)? Virginia

Hello Everyone,

This question may have been asked before. I know that every case is different. And, I also know that you-all like full details. (Please bare with me.)

My kids father and I are going through a Custody battle. When, I say battle, yes it's going to get deep. I'm not going to get into that right now. My main concern at this time, is a question about the Child Support. We went to court a couple weeks ago for child support. I was the one (Mom) that petition for the CS. When, we arrived for the court date. He lied so much, that I couldn't believe, that this was the man I choose to have kids with. My question is-

1. Can he (My kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children. I have 1 other dependant that I did get credit for, $399. And, that was subtracted from my gross income. But, when the Judge got to his on the guideline. He (added) $502 to his. Which may just be a mistake. Don't know why he added it. We have joint legal between us. But, the kids are with me more now. With Dad 5 hours a day M-F. With Me (Mom) every week-end, and every night. Sorry for rambling. Just need the answer to this question:


Can he (Our kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children

Thanks in advance,
 


truebluemd

Senior Member
CourtClerk, you're absolutely right about all the above.
Thank You.
If its not too late, file for an exception. If it is too late, file for a modification of the CS and state what the error was.

Also submit a discovery for him to provide proof that he is the legal father of the other child.
 

4children

Member
CourtClerk, I only read your response and not what you responded to: But, I'm going to give you a little back ground!!!
to your answers. No, I don't have to really prove anything to you-

Then you're going to live a long, miserable life.

ANS: A miserable life for what. No, I'm not. Because X does things deceitful, he lies, he doesn't take care of his children. And, he steps all over me. I'm not going to let him control me anymore. That's why he has for so long .Because I have LET IT GO. I don't know what you're talking about.

Oh, you don't even realize it, but you're giving him the control by keeping this up.

ANS: What, Am I keeping Up. He's the one that's keeping it up. Everytime, I do what's right to make things better for Our kids. He throw a wrench in it. We (Mom and Dad) conceived OUR CHILDREN together. Dad has munipilated me for YEARS. Used me and OUR children to his Benefit. Everytime, he doesn't get his way, I'm in Court. I'll tell U like I tell him. I'm feed up with it all. You don't know the things this man has done to me. So, you're saying I should let it Go! No, God will prevail. I know God. I'm a good person. And, I treat people the way I want to be treated. Are you a Man?

Yes it is.

You do not know me. Or anything about me. Money isn't everything to me. I'm a very independent woman. I went 8 years before Filing Child Support. After my Family, friends and Lawyer told me to go after child support years ago. I've been up and I've been down, not wanting his help. He wants me to Have the Children with me all the time. And, when I'm having a hard time, he wants to take Custody from me. I don't keep the kids from him. I don't party. I don't Drink. I don't do drugs. I'm a hard worker. Because, he makes more money. And, only provides for himself. Beat me to file his taxes EVERY year since the children have been born. And, they are not with him, 1/4 time of the year. And, tell me I'm NOT going to carry them on my taxes.

Then go find him. He'll be able to help you see what's really important.
Trust me, I know God. God, is why I haven't done anything to be locked up. He's guiding me now. It was a time when, I couldn't see what X was doing to me. But, now I can, and I will do something about IT! Yes, I will go ahead!!!!!!
 
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Isis1

Senior Member
oh honey. then you missed everything CC explained to you.

by playing along, you are keeping the game going. stop playing, the game stops. he can play by himself.

by being angry and keeping up the game, you are letting him win. no one can manipulate you unless you let them. take ownership of YOUR life, YOUR actions, and YOUR consequences.

educate yourself. that's you power. you allowed dad to claim his kids on his taxes. you didn't have to do that. you could have done something about it. i even know what. it takes longer then the average tax return, but it can be done. in fact, ex can find himself having to OWE that money back if you did something about it NOW (at least for the past two years)
 

4children

Member
oh honey. then you missed everything CC explained to you.

by playing along, you are keeping the game going. stop playing, the game stops. he can play by himself.

Ans: I am not playing any games! Once again. Dad is the one that's doing what he can to make things the way they are. I'm documenting everything. Have been for over a year now. Working on getting another Lawyer, (for the Custody date) because my other one moved away. And, that's when, we will address all the other issues. Unless the Lawyer tell me otherwise.

by being angry and keeping up the game, you are letting him win.

Ans: I am not angry. I fill like I'm handling things very well. When, X took my only transportation, 2 weeks ago, because, I filed for CS. Friends told me to burn it up, flatten the tires. Why, that would have only costed me more to fix it. It was in his name, and he did pay some on it. I didn't keep it from him, which he thought. By, law it was his property.

no one can manipulate you unless you let them. take ownership of YOUR life, YOUR actions, and YOUR consequences.

I never thought this would happen to me. Until, after I meet this man. Went throw a depression. Which, I never saw coming. And, stayed in denial for months. And, I'm trying to take control of my life again.

educate yourself. that's you power.

ANS: That's another reason why I'm on this Forum.

you allowed dad to claim his kids on his taxes. you didn't have to do that. you could have done something about it. i even know what. it takes longer then the average tax return, but it can be done. in fact, ex can find himself having to OWE that money back if you did something about it NOW (at least for the past two years)
ANS: The tax issue will also be raised at the next Custody Hearing. Dad claimed them, and always beat me to claim them. I wasn't educated on this. He, told me because, he pays Daycare, and pay for their health insurance, that he was entitled to claim them. I'm just not used to people only looking out for themselves. But, I have learned alot from this man. I am not angry, I'm just tired of allowing myself to be used.
 
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wileybunch

Senior Member
4children, it doesn't matter if Dad filed first. You file YOUR taxes properly. You can't electronically file with the same dependents if someone else has electronically filed with those same dependents, but you can file a paper return. And, at this point, you can go back a few years (I think it's 3) to file an amended return. The IRS will process your returns and at some point they will pick up on the duplicate dependents and start the process of determining who had the right to claim the child and whoever wrongly claimed will have their return amended to remove the dependents and will end up owing the IRS.
 

4children

Member
4children, it doesn't matter if Dad filed first. You file YOUR taxes properly. You can't electronically file with the same dependents if someone else has electronically filed with those same dependents, but you can file a paper return. And, at this point, you can go back a few years (I think it's 3) to file an amended return. The IRS will process your returns and at some point they will pick up on the duplicate dependents and start the process of determining who had the right to claim the child and whoever wrongly claimed will have their return amended to remove the dependents and will end up owing the IRS.
Thanks wileybunch,

I called the IRS a few years ago on this issue. The girl was very rude. And, didn't explain it to me anything like you have. She, even said, which parent gets there first. (I kid you not.) Then, I called again the beginning of this year. And, a young lady asked questions about Dad and Mom (myself) time with kids. After giving her my answers. She said ,with the kids spending more time with me. I had more right to claim them than Dad, even if he does pay Childcare and Medical Ins. She also, mentioned filing by paper instead of electronically. That, the IRS will decide and get things corrected.

Thanks again,
 

truebluemd

Senior Member
Thanks wileybunch,

I called the IRS a few years ago on this issue. The girl was very rude. And, didn't explain it to me anything like you have. She, even said, which parent gets there first. (I kid you not.) Then, I called again the beginning of this year. And, a young lady asked questions about Dad and Mom (myself) time with kids. After giving her my answers. She said ,with the kids spending more time with me. I had more right to claim them than Dad, even if he does pay Childcare and Medical Ins. She also, mentioned filing by paper instead of electronically. That, the IRS will decide and get things corrected.

Thanks again,

There is a form that they would have you and the other party fill out to determine who has the right. They also go after the person who illegally claimed the kids. I know a few people who are going throough this. Even if they have disperesed payment to the person who illegally filed, they will process your return once you prove you have that right, and they just make the other party return the refund that was paid to them. And trust me, we all know the IRS always gets their money back!!!
 

4children

Member
There is a form that they would have you and the other party fill out to determine who has the right. They also go after the person who illegally claimed the kids. I know a few people who are going throough this. Even if they have disperesed payment to the person who illegally filed, they will process your return once you prove you have that right, and they just make the other party return the refund that was paid to them. And trust me, we all know the IRS always gets their money back!!!
Thanks truebluemd
 

CourtClerk

Senior Member
CourtClerk, I only read your response and not what you responded to: But, I'm going to give you a little back ground!!!
to your answers. No, I don't have to really prove anything to you-



Trust me, I know God. God, is why I haven't done anything to be locked up. He's guiding me now. It was a time when, I couldn't see what X was doing to me. But, now I can, and I will do something about IT! Yes, I will go ahead!!!!!!
This poor child..... :eek:
 

4children

Member
This poor child..... :eek:
Courtclerk,

If, you have nothing nice to say. Don't say anything at all!!! You must feel that you are on top of the world. Judging others, Because you think you have it going on. Know one is perfect. And, keep your smart commits to yourself----.


Quote:
It almost never fails: OP asks for advice, gets the unvarnished truth from Ohiogal, OP gets in a snit and claims all the trouble has suddenly disappeared and the sun is shining once again.

RES: Let OHiogal speak for herself. Same as the above for U! You both have a problem as well. I myself come on here for advice. Many of the other Senior people may think the same thing about me not having the knowledge. But, they don't act the way you two do, especially Courtclerk. I will be glad when you need someone one day. Maybe on your death bed. You are one of the people that I pray to God to deliver me from your arrogance!!!!!! Please, don't respond to anymore of my Post. And, If I'm kicked off for that response, so be it!!!!!!
 
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CourtClerk

Senior Member
Courtclerk,

If, you have nothing nice to say. Don't say anything at all!!! You must feel that you are on top of the world. Judging others, Because you think you have it going on. Know one is perfect. And, keep your smart commits to yourself----.
Correction: I don't think I have it going on... I KNOW I have it going on. I'll keep my commits to myself, once I figure out what a commit is.
Quote:
It almost never fails: OP asks for advice, gets the unvarnished truth from Ohiogal, OP gets in a snit and claims all the trouble has suddenly disappeared and the sun is shining once again.

RES: Let OHiogal speak for herself. Same as the above for U! You both have a problem as well. I myself come on here for advice. Many of the other Senior people may think the same thing about me not having the knowledge. But, they don't act the way you two do, especially Courtclerk. I will be glad when you need someone one day. Maybe on your death bed. You are one of the people that I pray to God to deliver me from your arrogance!!!!!! Please, don't respond to anymore of my Post. And, If I'm kicked off for that response, so be it!!!!!!
You poor child..... I'm :eek: for you, since you aren't for yourself
 
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