Custody Modification - Terrified of losing child!!

[Halls]

http://www.nolo.com/article.cfm/ObjectID/F5556B55-E563-42FC-AF277A1A14948708/catID/50577D19-965B-4301-B98AE541654F9EAB/118/246/169/ART/


"Special Rule for Parents Living Apart
If the parents lived apart at all times during the last six months of the calendar year, or if they have a written divorce decree, maintenance agreement, or separation agreement, there is a special rule that applies.

In this case, if the child received more than half of his or her total support for the year from one or both parents and was in the custody of one or both parents during the year, the IRS rules assume that the custodial parent (defined as the parent who has custody of the child for the greater part of the year) should get the exemption for the dependent. However, the parties may change this presumption and allocate the exemption to the noncustodial parent if either of the following are true:"


If parents want to deviate from the CP getting the tax credit they can but in most cases it is clear that the IRS rules assume the CP gets the tax credit because they have the child more than the other parent.

 

[Zephyr]

Custody law operates outside of the IRS, so while that is the IRS rule- the courts CAN and DO QUITE OFTEN- order something different

 

[issaka]

No one can say definitively that he will win if he pursues claiming taxes. Chances are HE WONT. In addition if he pursues the issue he risks his child support going up.

 

[Zephyr]

No one can say definitively that he will win if he pursues claiming taxes. Chances are HE WONT. In addition if he pursues the issue he risks his child support going up.

him being able to claim the child every other year is NOT likely to make his cs go up, I don't know what is going on with this board lately, but it sure is frustrating.

 

[issaka]

him being able to claim the child every other year is NOT likely to make his cs go up, I don't know what is going on with this board lately, but it sure is frustrating.

Interesting... I dont think thats what I said. If this matter goes to court, the judge will also review child support. I say this because child support must be considered before determining if the NCP is eligible to claim child on taxes. And like I said, based on the increase of his earnings, he RISKS his child support increasing. Hope that eases your frustration. If not, oh well.

 

[Zephyr]

Interesting... I dont think thats what I said. If this matter goes to court, the judge will also review child support. I say this because child support must be considered before determining if the NCP is eligible to claim child on taxes. And like I said, based on the increase of his earnings, he RISKS his child support increasing. Hope that eases your frustration. If not, oh well.

well then be clear

 

[kik1999]

Again, I cannot stress enough....I could care LESS if cs went up or down, if he got to claim her every year for that matter. While I know she deserves the financial benefit of her father, I am more concerned with the actual time I get to spend with my daughter. Not that it matters (now), but for the first 4 years of her life, he lived (by his choice) in a different state. He was in the military, had a chance to "get out" and move where we were (which by the way is his home town where all of his family is), and he chose not only to stay out of state, but even so AFTER he was discharged!! My daughter and I are extremely close, for it was only the two of us for four years and like most parents, she is my life. I could be a bitter woman who holds this over his head, but I am truly concerned about what is in the best interest of my child. What IS in her best interest, is to have an active, involved father. I completely encourage their relationship, her relationship with her stepmom, as well as her relationship with her step/half siblings. I welcome all of this, b/c the more people to love her, the better!! I enjoy the fact that we get along and there is no B.S. However, I am hoping that someone will ease my mind (so I can sleep at night), and confirm the fact that the schedule that HE wants, is not necessarily what a judge thinks is best regarding our circumstances.

One week at mom's, one week at dad's....he lives even further from the school than he does from our house. I'm afraid she will feel out of place, not really know where to call home (even though both of our homes are her home). I am terrified of the emotional damage that it will cause, in her OH so happy life. We have worked so hard to make her a child, not to inflict any of the "adults" arguements (what little of them there are) on her. My heart hurts for any child who has to live this arrangement. Unless, of course, mom and dad live a couple of blocks apart...

That's really all my concern is about. I put the tax/cs information in there b/c it is relavant to the reason he is threatening to take me back to court. I'm not really worried about how it will turn out. I don't depend on his cs at all, in fact put it into a college/future fund for her. My concern is with a judge possibly changing LIVING arrangements. Not parenting time, not cs, not taxes, just her primary residence. And from what I can tell, I don't have anything to worry about since I am not an unfit mother, nor has there been a substantial change in circumstances. Correct?

 

[betterthanher]

Interesting... I dont think thats what I said. If this matter goes to court, the judge will also review child support. I say this because child support must be considered before determining if the NCP is eligible to claim child on taxes. And like I said, based on the increase of his earnings, he RISKS his child support increasing. Hope that eases your frustration. If not, oh well.

G-ddamn it people. More proof people are skimming through the responses.

Again, for the umpteenth freaking time: both parents are at a huge advantage to work this out between them out-of-court, then file it and have the judge sign off on it and make it final!!! Judges would rather see the parents work it out, instead of bringing issues like this into the court and wasting their time.

OP: if you don't care about claiming the child for the credit, then go to the IRS site (www.irs.gov) and look for the link where you can print out the official form (you can even fill in the information on the site!!!) and sign off on it for this year and let the other parent claim the child. You can even sign it for this year AND next year AND the year after that if you wish. That's all you need to do.

While your court order says one thing, you can simply sign the form and give him permission to claim the children. I am telling you -- there is no reason to take this issue to court.

Keep in mind though, if you change your mind a few months from now for whatever reason, regardless of what the court order says, your signature on the form is what will be considered official (if I am wrong, I am sure LdiJ, our forum tax pro, will correct me).

 

[janM]

I am in Ohio.
I think the tax thing varies from one area to another, or even one judge to another. A friend of ours pays CS and as long as he is up-to-date on support, he claims the 3 kids every year.
A guy I work with claims his daughter every other year. Suggest this to him if you want, or just give him the deduction.

I agree that the every other week shared custody would be impractical given the distance to school.

See if he will settle this out of court. Point out to him that (as far as I know) support has nothing to do with his new family, just his child with you, and he could very well end up paying more. My son is supposed to get support for his boy (that's another post though lol) and it is based on the parents' incomes. Check with a lawyer or CSEA on that. You could be right about him anticipating more medical expenses, or his new family is getting expensive.

He would probably be given more time, since you have established the status quo already by giving him the extra overnights. Make up a plan to reflect this, and keep things as is, the way the child obviously likes it.

 

[kik1999]

OP: if you don't care about claiming the child for the credit, then go to the IRS site (www.irs.gov) and look for the link where you can print out the official form (you can even fill in the information on the site!!!) and sign off on it for this year and let the other parent claim the child. You can even sign it for this year AND next year AND the year after that if you wish. That's all you need to do.

While your court order says one thing, you can simply sign the form and give him permission to claim the children. I am telling you -- there is no reason to take this issue to court.QUOTE]

I've already filed, so I wouldn't be able to do that this year?

I don't want to take this issue to court. I told him I already filed and now he wants to go to court, out of spite. I told him he could file next year, it's almost like he's throwing a temper tantrum b/c he isn't getting the instant gratification.