My ex & two kids live in Florida. I live in North Carolina & pay child support. Visitation has never been a issue. My ex is returning to work next month & asked for me to pay for child care for one child. I had no issue with this until she said she wants to claim both children on next years taxes
Her returning to work means my child support should go down, especially if I’m paying child day care right? What should I do legally in this? What are my rights?
Whether or not your child support might go down because she is returning to work depends on whatever factors were included in the original child support calculations. No, you paying daycare generally would not make your child support go down because normally parents share daycare costs. If your income has changed at all that could impact things as well.
What you really need to do is google an online child support calculator for the state that made the original calculations and run the numbers a few different ways to see where you might end up. You don't want to file for a modification if it turns out that your child support might go up.
You should also be aware that unless mom gives you a signed form 8332 voluntarily, or a court orders her to give you a signed form 8332 then you are not permitted, under the tax code, to claim the children at all. On top of that, even if mom gives you a signed form 8332, you are not permitted to take a daycare credit. Mom, as the residential parent, is the only one who is permitted under the tax code to claim that.
