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Can he get child support if he owes?

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EckoRob

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

I have a 17 year old daughter that I have been raising since day one.. Recently I caught her having sex, and using drugs in my house.. She has run away 2 twice and refuses to come back home.. Her biological father came in and now has custody of her. He has only had her for 3 months and now he wants me to close the child support case I have had on him. Also he is trying to get full custody, and use of her taxes this year.. He has been in and out of jail all his life. Also he owes me about 60000 in back child support and about a year late on current child support... He has never been a constant in her life. As a matter of fact they wasn't talking til this happened. I have been served a Dissolution of Child Support Petition with also the Request of Taxes and Full custody with no visitation. My question is that can he get child support even thou he owes so much money? Can he claim her on his taxes even thou he only had her for 3 months.. Also what type of letter do I need to file with the courts before the 20 day period? Could I ask the court for visitation with counselling due to the fact she does not want to come back to the home due to the rules we have set and also the fact we catch her when she does all these crazy things? We have another child also we are concerned about and he has seen her do these things while she would baby sit him... Any insight on this I would appreciate..
 


TinkerBelleLuvr

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

I have a 17 year old daughter that I have been raising since day one.. Recently I caught her having sex, and using drugs in my house.. She has run away 2 twice and refuses to come back home.. Her biological father came in and now has custody of her. He has only had her for 3 months and now he wants me to close the child support case I have had on him. Also he is trying to get full custody, and use of her taxes this year.. He has been in and out of jail all his life. Also he owes me about 60000 in back child support and about a year late on current child support... He has never been a constant in her life. As a matter of fact they wasn't talking til this happened. I have been served a Dissolution of Child Support Petition with also the Request of Taxes and Full custody with no visitation. My question is that can he get child support even thou he owes so much money? Can he claim her on his taxes even thou he only had her for 3 months.. Also what type of letter do I need to file with the courts before the 20 day period? Could I ask the court for visitation with counselling due to the fact she does not want to come back to the home due to the rules we have set and also the fact we catch her when she does all these crazy things? We have another child also we are concerned about and he has seen her do these things while she would baby sit him... Any insight on this I would appreciate..
Child deserves to be supported by BOTH parents. With that said, you are looking at a split custody arrangement. If the incomes are relatively the same, child support can be suspended, but does NOT negate the arrearage. With that said, it can be changed to alternate the tax deduction. State that for the year 2014, you had the child more than 50% of year and that you should be awarded the tax deduction for 2014. Going forward, you can propose that the parent should claim the child living with them. Now, if you make more than the father and there is a child support order for father, you can propose that it be used to reduce the arrearage.

Yes, it makes sense to ask for therapeutic counseling for you and child and that you bear the cost of it.
 

LdiJ

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

I have a 17 year old daughter that I have been raising since day one.. Recently I caught her having sex, and using drugs in my house.. She has run away 2 twice and refuses to come back home.. Her biological father came in and now has custody of her. He has only had her for 3 months and now he wants me to close the child support case I have had on him. Also he is trying to get full custody, and use of her taxes this year.. He has been in and out of jail all his life. Also he owes me about 60000 in back child support and about a year late on current child support... He has never been a constant in her life. As a matter of fact they wasn't talking til this happened. I have been served a Dissolution of Child Support Petition with also the Request of Taxes and Full custody with no visitation. My question is that can he get child support even thou he owes so much money? Can he claim her on his taxes even thou he only had her for 3 months.. Also what type of letter do I need to file with the courts before the 20 day period? Could I ask the court for visitation with counselling due to the fact she does not want to come back to the home due to the rules we have set and also the fact we catch her when she does all these crazy things? We have another child also we are concerned about and he has seen her do these things while she would baby sit him... Any insight on this I would appreciate..
Child support: You need to request that any child support ordered for dad be deducted from the arrearage that he owes you, or in the alternative, that he be ordered to continue to pay arrearages to you, while he collects child support from you. That would be part of your response to his suit.

Taxes: Per the IRS regs he CANNOT claim the child for 2014 as she did not live with him for more than 1/2 of the year. That is the argument that you need to make to the court. You also need to emphasize that he was not current on the yearly support owed to you at the time that she went to live with him. That would be part of your response to his suit.

Visitation Counseling: Excellent idea...definitely ask for that.

Responding to his suit: You cannot simply "write a letter". You have to properly respond. If you cannot figure out how to format that, then you need an attorney.

His suit for full custody: As part of your response you need to indicate the situation...and then properly argue it in court...explaining the child's "grass is greener" attitude...again, as part of your response.

Unfortunately, based on her age its possible that the court will simply let her stay with dad. The reason for that is that once she turns 18 she is in total control anyway, and the courts may decline to enforce anything else based on her age. In fact, she might turn 18 or be so close to 18 that the courts won't bother to try to enforce any thing else.
 

Zigner

Senior Member, Non-Attorney
Taxes: Per the IRS regs he CANNOT claim the child for 2014 as she did not live with him for more than 1/2 of the year....
Unless the OP provides IRS form 8332 to release the exemption for 2014.
 

BL

Senior Member
I'm trying to search for a Dissolution of Child Support Petition in Fl.

Is this what the actual petition states ?

All the search comes up with is Dissolution associated with Divorce (or the dissolution of marriage) ??
 

Ohiogal

Queen Bee
Hopeful the court would not be that unjust. There would be no valid reason for a court to do so with this specific set of facts.
It is a possibility. And we don't know that it would be unjust. We don't have all the facts and the court could hear something more that changes things.
 

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