Status quo

[saleen556]

Because it sounds like you are nitpicking. Mom is using her time according to the agreement you now have in place. You want the judge to "see through" what? That Mom has a good enough relationship with your parents that she asks them to help her on her court ordered time? Yeah it sounds like you are nitpicking.

So it's not strange that a parent would have basically nothing to do with a child until child support is asked for? This is 1 1/2 years later. Not like a month or 2. Sorry if it sound like im nitpicking. Like i said its just something i don't comprehend.

 

[ecmst12]

Don't try to understand. Just go with it. Continue to ask for what you've been asking for in court. All you can do at this point is wait and see what the judge says.

 

[TheGeekess]

So it's not strange that a parent would have basically nothing to do with a child until child support is asked for? This is 1 1/2 years later. Not like a month or 2. Sorry if it sound like im nitpicking. Like i said its just something i don't comprehend.

It's the 'If I'm going to pay for them, I'm going to see them'. Sucks, but there it is.

 

[gr8rn]

Maybe Mom is trying, maybe she wants things to get better. And you said Mom had her every other weekend so that is hardly having nothing to do with her. I have three adult daughters, it's not that unusual at your daughters age to have problems with her Mom.

 

[TinkerBelleLuvr]

Are you saying that mom only started seeing the daughter on the 50/50 when she received court papers?

What is the end result you are looking for?

 

[saleen556]

Are you saying that mom only started seeing the daughter on the 50/50 when she received court papers?

What is the end result you are looking for?

Yes this is correct. First week of march was the first week our daughter has spent with her. The previous year was 17 over nights. I was trying to get her to keep her every other weekend. Many weekends she didn't care. Other weekends she would go Friday and come home Saturday.

 

[saleen556]

Not sure if it makes a difference she was also ordered to take alcohol abuse classes and anger management classes in the divorce. She didn't begin taking these until she was served with the papers either. These were recommended by our custody evaluator. She was also reported for physical abuse to child protective services by the evaluator. Although nothing was ever done about it. I also didn't file contempt for this. It was just mentioned in the modification.

 

[ecmst12]

Sounds like she's cleaning up her act, which is a very good thing. I don't know if it will mean that the judge will decide not to change custody when you get to court or not...I don't think anyone could predict that. But it seems like the child wins either way.

 

[saleen556]

Sounds like she's cleaning up her act, which is a very good thing. I don't know if it will mean that the judge will decide not to change custody when you get to court or not...I don't think anyone could predict that. But it seems like the child wins either way.

This is only about the visitation. I have sole legal custody because she wouldn't settle for joint. I also agreed to the 50/50 visitation on the grounds she took the classes. She didn't use her visitation or take the classes. Also refused to be involved with our daughters counseling. Thanks for your opinion. I do appreciate it.

 

[saleen556]

Another issue has come up. Mom wants to claim child for the tax credit even though she only had 17 overnights all year. In the decree based on 50/50 we are to alternate years. However with her not using her visitation I would hope this is changed. According to the IRS she would be committing tax fraud by doing this. Is this something I should just wait for the judge in June to take care of or should I be dealing with the IRS ? I have filed an extension to wait for the judges decision.

 

[ecmst12]

If this is her year to claim the child per your decree, then you complete form 8332 and give it to her so she can claim the child. This should not be a question. The order stands until it's changed.

 

[saleen556]

If this is her year to claim the child per your decree, then you complete form 8332 and give it to her so she can claim the child. This should not be a question. The order stands until it's changed.

Thank you. I understand this. However isnt perjury when you state on the form that you supported the child?

 

[ecmst12]

On what form? It is legal for you to give her your right to claim the child, that's what form 8332 is for.

 

[saleen556]

On what form? It is legal for you to give her your right to claim the child, that's what form 8332 is for.

I guess I havent seen the form since she hasnt used her visitation since decree was signed in to order. Thanks for the help.

 

[TinkerBelleLuvr]

Per IRS rules, yes, you get the deduction. BUT, and this is a BIG BUT, if your COURT ORDER states that mom gets the deduction, then guess who has the LEGAL right to the deduction?

Now, mom can only claim the exemption. The custodial parent gets EIC and the education credit.