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His 1st to claim child, I PAY daycare, he has no job, I get $86 in child support HELP

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What is the name of your state? LA

This is the first time that my ex (Mr. Lazy) gets to claim our only daughter. He is without a job since August of this year, paying me $86 per month. How did that happen-- because he says he's collecting unemployment. He stated that his previous job is not affliated with the state somehow. Whatever. My question is, since he is ready willing and can't wait to file our daughter on his income tax, what benefits will I receive and how since I pay $260 per month in daycare. How do I receive any benefits if I can't claim her this year? FYI, he is a certified electrican and also worked many years in the telecommunications/fibre optics field, and yet does not have a job.




I am not familure with La laws, However it has been to my experience that the CP should have the rights to claim the child on their taxes. you say he is your ex, is that in legal terms as far as a divorce?

If that is the case was it not documented in your divorce decree as to who gets what? And if so, why would you or your lawyers allow him to claim the child if he is not the CP. I would seek legal counsle on this and have things revized in the courts. Due to the fact you are putting out twice as much each month for the child then he is.

I understand why his support payments are so low due to unemployment. However, if you persue this the court should enforce him to seek employment and show his inquiries as well. You might even fall into the catorgory of getting some type of aid through the state depending on your income.

I hope I have been helpful, keep in mind this is only my oppinion and based on my past experience.


Senior Member
if it is in your divorce decree, that the NCP gets the deduction, he gets the deduction. As long as he is paying what he is legally supposed to pay, he has that right. (hopefully it is stated in the decree he must be current with his obligation to exersize that right) It is common, when the CP makes under a certain amount to give the NCP the deduction, as an incentive to pay support. once a CP makes enough to benefit from the deduction it can be modified to alternate the years.

so first question would be to read your divorce and/or custody agreement.

My second question would be, do you have an order for support? and if so, for how much? if it is for the 86 dollars, and he is allowed per your divorce decree to claim, he can legally do so.

But, his doing so does not take away your right, to qualify for benefits, because you are the one who actually houses the child. Not only are you eligible for the EIC and child care tax benefit, you also can apply for all the other benefits you may need as a single parent, as long as you properly credit the child support you do recieve.


Even if your ex claims your daughter on his taxes you will be able to claim all of the daycare paymetns. I don't know about your laws, but i was told it was up to me if i wanted to let him claim him. Another thing was he had to make all his payments for that year.


I'm so sorry that I did not clarify as I should have. We have joint custody of our little girl. It was originally ordered by the judge for him to pay (when he was in the telecommunication/fibre optics field) $642 per month. Well, before that came about, he quit his job and got another making less money. The CO payment was reduced to $539 per month. I reduced it another $139 because he has (3) other children with (2) other women he also has to pay. Plus, he was giving us all (hearing officer & lawyers) so much stress over money. So, he is court ordered to pay $400/mo. That amount was never seen. It was always less. He is well over $3,000 in arrears. The $86/mo is what I am receiving now since he has been unemployed since August. I also let him claim her ever other year (CO) because it sounded fair. I didn't want to draw blood, I just thought....she is BOTH our child. My main concern is my taxes. Since I have paid $260 per month all of this year, and he owes child support, why should I come out in the hole while he is kicked back, living rent free in one of his mom's rent homes. And yes, I know, the law is not based on morals or such issues. I know that when tax refunds come in, I will see some of the monies due. But, I also have to share it with (2) other women. :confused:
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