Do I Still Have To Notify? What About Taxes?

[xxnatalixx]

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


My son's father was orderd to have supervised visits, but the magistrate said that if the father did not contact the visitation center to set up visits that they would be canceled and he would have to take me back to court if he wanted visitation. That was in June and we have never heard from Dad at all. I want to move a couple counties over so I can find a better job, but I'm not sure if I still have to notify dad of my intent to move. Last time he took me to court, he tried to say I was in contempt for moving, and I was still in the same town, but he doesn't see him now anyway.
Also, he was allowed to claim our son every other year on his taxes. Does he still get to do that if his visitation was cancelled? I don't care much this year since his tax return is coming to me anyway, but I'd like to know for the future.

 

[Isis1]

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


My son's father was orderd to have supervised visits, but the magistrate said that if the father did not contact the visitation center to set up visits that they would be canceled and he would have to take me back to court if he wanted visitation. That was in June and we have never heard from Dad at all. I want to move a couple counties over so I can find a better job, but I'm not sure if I still have to notify dad of my intent to move. Last time he took me to court, he tried to say I was in contempt for moving, and I was still in the same town, but he doesn't see him now anyway.
Also, he was allowed to claim our son every other year on his taxes. Does he still get to do that if his visitation was cancelled? I don't care much this year since his tax return is coming to me anyway, but I'd like to know for the future.

legally, you should inform the courts of the move. dad would have to be served. but, it's not like dad has a reasonable argument for you to NOT move.

and until a court order says otherwise, dad gets to claim son on the taxes per the court order.

 

[TinkerBelleLuvr]

Is dad paying his child support?

And yes, I know that child support is NOT an admission ticket for parenting time.

The reason for the question is that if no, you may want to have the court order changed to "dad gets the deduction if he is current on the child support." If so, you would then issue dad an 8332.

 

[TinkerBelleLuvr]

As for the move, you are LEGALLY required to notify dad and the courts. Now, does dad have many legs to stand on here? nope. But you must still follow the law.

 

[xxnatalixx]

legally, you should inform the courts of the move. dad would have to be served. but, it's not like dad has a reasonable argument for you to NOT move.

and until a court order says otherwise, dad gets to claim son on the taxes per the court order.

Good point, I guess if he did try to keep me from moving he wouldn't get very far.
As long as dad is paying child support I don't care much if he claims him every other year since he is helping to support him. It's just not like him to have a job for very long and I don't want him to benifit from having a son that he has nothing to do with and is not supporting. Just one of those things I need to let go I guess.

 

[xxnatalixx]

Is dad paying his child support?

And yes, I know that child support is NOT an admission ticket for parenting time.

The reason for the question is that if no, you may want to have the court order changed to "dad gets the deduction if he is current on the child support." If so, you would then issue dad an 8332.

He pays about half of what he's suppose to pay, but he usually only works for a few months at a time. I don't want to go back to court. I've had enough of that. I was just asking becuase I don't want to claim him if dad still has the right to.

 

[LdiJ]

He pays about half of what he's suppose to pay, but he usually only works for a few months at a time. I don't want to go back to court. I've had enough of that. I was just asking becuase I don't want to claim him if dad still has the right to.

Is dad current on child support? Did he work all year and pay all year?

 

[xxnatalixx]

Is dad current on child support? Did he work all year and pay all year?

He is about $800 behind right now. He has worked on and off, but not very many hours. He really not too far behind for him. It's a little more than 4 months worth of child support that he's behind on.

 

[LdiJ]

He is about $800 behind right now. He has worked on and off, but not very many hours. He really not too far behind for him. It's a little more than 4 months worth of child support that he's behind on.

To be honest, if I were in your shoes I would probably go ahead and take the exemption for the child, and then if dad filed for contempt, I would counterfile for contempt for him being behind in child support.

 

[xxnatalixx]

To be honest, if I were in your shoes I would probably go ahead and take the exemption for the child, and then if dad filed for contempt, I would counterfile for contempt for him being behind in child support.

I've never signed on of those 8332 forms for him either, and I heard there was a law now that only one parent could get the earned income credit and I think he just claims that our son lives with him so he can get that too. Could that come back on me if they see that we are both claiming that? I have proof that he lives with me, so I'm sure I would never actually be in trouble or anything, but isn't dad still suppose to have one of those papers signed from me since our son does not live with him?

 

[LdiJ]

I've never signed on of those 8332 forms for him either, and I heard there was a law now that only one parent could get the earned income credit and I think he just claims that our son lives with him so he can get that too. Could that come back on me if they see that we are both claiming that? I have proof that he lives with me, so I'm sure I would never actually be in trouble or anything, but isn't dad still suppose to have one of those papers signed from me since our son does not live with him?

The law has ALWAYS been that ONLY the custodial parent can claim Earned Income Credit. If dad has been claiming that the child lives with him and has been claiming EIC, then he has been committing EIC fraud.

You can even claim the child for head of household and EIC purposes if dad claims the exemption for the child.

Dad is supposed to have a signed form 8332 from you unless your court orders qualify as a substitute for form 8332 (very few orders do). However, for anyone who has court orders from 2009 forward, ONLY form 8332 works.

 

[xxnatalixx]

The law has ALWAYS been that ONLY the custodial parent can claim Earned Income Credit. If dad has been claiming that the child lives with him and has been claiming EIC, then he has been committing EIC fraud.

You can even claim the child for head of household and EIC purposes if dad claims the exemption for the child.

Dad is supposed to have a signed form 8332 from you unless your court orders qualify as a substitute for form 8332 (very few orders do). However, for anyone who has court orders from 2009 forward, ONLY form 8332 works.

My order is from 2009. I think I have an order for every year for the past 7 years honestly, but the most recent is 2009. So I can just claim him every year unless dad asks for the 8332 form?

 

[LdiJ]

My order is from 2009. I think I have an order for every year for the past 7 years honestly, but the most recent is 2009. So I can just claim him every year unless dad asks for the 8332 form?

You can, but again dad could file for contempt, and then you could counterfile for non-payment of support.

 

[wileybunch]

You can, but again dad could file for contempt, and then you could counterfile for non-payment of support.

Then what? She can get payment on the child support she was owed all along (at some point) and will have to amend her taxes to file properly w/o claiming the child?

 

[xxnatalixx]

I don't think I can do anything more about the money he owes me because he already pays a little extra each month to catch up. I seriously doubt he would take me to court and have to face the same magistrate he cussed at in May. I don't want to claim him if it's the wrong thing to do anyway. I was just confused as to weather he was still allowed to claim him or not or if he was really allowed to claim him at all without me signing the form for him. Maybe I'll just sign the form every other year and send it to him. I get his tax return every year anyway. I just don't want my son to not get claimed by either one of us.