Arrearages & Tax question

[LoriMcD]

What is the name of your state? AZ
Mynow ex-husband still has not paid any child support. He's over $2000 behind. I have tried serving him with an expedited order of support & parenting time, but I've been unsuccessful. Can I hand-deliver it to him? Also since our son & I have been living with my parents (I'm a full-time student) can he claim us as dependents on taxes, or can my parents claim us? I didn't work at all in 2005.

 

[Ohiogal]

What is the name of your state? AZ
Mynow ex-husband still has not paid any child support. He's over $2000 behind. I have tried serving him with an expedited order of support & parenting time, but I've been unsuccessful. Can I hand-deliver it to him? Also since our son & I have been living with my parents (I'm a full-time student) can he claim us as dependents on taxes, or can my parents claim us? I didn't work at all in 2005.

What does the custody agreement say about who gets to claim the chlid?

 

[LoriMcD]

It says he can claim our son for 3 out of 4 years, unless I get a job, then it's every other year. He has it stay current on his child support. He's not. He's 8 months behind.

 

[betterthanher]

What is the name of your state? AZ
Mynow ex-husband still has not paid any child support. He's over $2000 behind. I have tried serving him with an expedited order of support & parenting time, but I've been unsuccessful. Can I hand-deliver it to him?

How have you tried serving him? You would have to check your state's rules of procedure...you might not be able to personally serve him.

Also since our son & I have been living with my parents (I'm a full-time student) can he claim us as dependents on taxes, or can my parents claim us? I didn't work at all in 2005.

Your parents would most likely claim YOU.

If there is language in your order stating he must be current and he's not, then you get to claim the child (or should be able to).

 

[LoriMcD]

I tried serving him through a process server, but was unsuccessful because my ex-husband works from 6am-6pm & doesn't get to his home until about 8pm. Also the work address he gave to me, the court, and his lawyer turned out to be someone's house. Should I try using the sheriff's department, which will cost $200 plus cost of mileage & number of tries, or can I just give it to him?

 

[CandiceH]

As someone else mentioned, look up the procedures for your state. I was able to have someone else serve my ex the papers to appear in court (my sister did it actually and I was present). She had to fill out the service form and I had to send it back into the court. Of course, I am in NY so procedures MAY be totally different in your state.

 

[LoriMcD]

The procedures say I can use a process server, the sheriff's department, mail it to him, or hand-deliver it myself. I would hand-deliver it, but I know how short his temper is. I was thinking of having a guy-friend go with me, just in case.

 

[betterthanher]

The procedures say I can use a process server, the sheriff's department, mail it to him, or hand-deliver it myself. I would hand-deliver it, but I know how short his temper is. I was thinking of having a guy-friend go with me, just in case.

You can try to do it yourself, but you would have to indicate on your certificate of service who your witness was.

Have you tried simply sending him the documents certified mail with return reciept AND via first class/regular mail at the same time? You would indicate BOTH of those on your certificate of service. That way, if he doesn't pick up or refuses the certified mail, he will get the regular mail.

Unless it's a bogus address.

 

[LoriMcD]

I have his home address. He actually lives right down the street from my school. I'll try certified letter, first class & regular snail mail. I'll call up the apartment complex to verify he lives there.