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Can she claim them?

Anonymous
Posted by Anonymous
  • 43 Replies

DH got hauled back to court today for a CS hearing.  Someone told BM DH had gotten a new job and she wanted more money (not true, DH is still making the same amount he was making in January when their annual hearing is held).  Because it's an 'emergency' hearing, DH's normal lawyer is out of town, so some new guy steps in.  DH walks out of there owing almost $350 more a month.  He texted me panicked over what happened and what we are going to do but he had to go work and just got home with the papers about an hour ago.  BM is claiming her two step kids as her dependents.  The two step kids don't even live with them, they live with their mother.  Plus it looks like they are scribbled in at the last moment.  This isn't the first time she has tried to list an extra dependent.   Before she got remarried she lived with her sister (in her sister's house) and she claimed that she had full custody of her niece.  When the court asked for the custody papers she couldn't produce, she dropped her off the case.  Forgive me if I'm wrong but I though the only kids that could be included were kids mom has legal custody of and any kids dad has legal custody of.  I know for a fact that BM's step kids live with their mom, I work with her.  Can she claim them on her support hearing?  

Posted by Anonymous on Jul. 30, 2014 at 12:33 AM
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Replies (1-10):
Rebecca7708
by Platinum Member on Jul. 30, 2014 at 12:34 AM
1 mom liked this
Why would that even matter? Shouldn't he only have to pay child support for kids that are his?
Anonymous
by Anonymous 2 on Jul. 30, 2014 at 12:36 AM
This makes no sense...only biological kids are included in support.
Anonymous
by Anonymous 3 on Jul. 30, 2014 at 12:38 AM
I don't think so. Besides even if they did live with her full time they are not your husbands responsibility to financially support. I was able to claim my bfs DD on my taxes this past year because she lives with us 24/7 (bm is 100 percent gone from her life) and I was the only one working.
PinkButterfly66
by Sapphire Member on Jul. 30, 2014 at 12:38 AM
1 mom liked this

He's not legally responsible for her step kids.   He needs to get his lawyer to take this back to court.

Anonymous
by Anonymous 4 on Jul. 30, 2014 at 12:39 AM
Extra 350 isn't that much. And if they added that to DH's order. Then there's a reason. But since he did speak up in court. Then just suck it up and pay it
3boys1girl32
by Platinum Member on Jul. 30, 2014 at 12:40 AM
Did she get a hardship deduction for them?
star33
by Gold Member on Jul. 30, 2014 at 12:40 AM
No crap! He's not responsible for all kids she comes in contact with! That's bs that it was an "emergency". Why couldn't it have been postponed until his lawyer was available? An "emergency" doesn't involve wanting more money.
I'm saying this as it seems common sense. It may happen all the time in these situations.

Quoting Rebecca7708: Why would that even matter? Shouldn't he only have to pay child support for kids that are his?
Anonymous
by Anonymous 1 - Original Poster on Jul. 30, 2014 at 12:41 AM

It's not biological, is legal custody and she's claiming she has legal custody of her step kids without proof that she does.  When they figure her income (which is next to nothing) minus her 5 kids that she supposedly has custody of and compare it to DH's it up his support.  

Quoting Anonymous: This makes no sense...only biological kids are included in support.


BrutalTruth
by urbullyisshowing on Jul. 30, 2014 at 12:42 AM
Why the fuck would he be paying support for her step kids in the first place?
Anonymous
by Anonymous 1 - Original Poster on Jul. 30, 2014 at 12:43 AM

Ummm $350 is a lot of f...ing money and DH started to and the judge shut him down.  They just had a support hearing in January and his income hasn't changed a dime since then.  The only thing that changed was she went from 3 kids to 5 on the paperwork.  

Quoting Anonymous: Extra 350 isn't that much. And if they added that to DH's order. Then there's a reason. But since he did speak up in court. Then just suck it up and pay it


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