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Child Support/ Taxes . . .

Posted by on Aug. 22, 2013 at 9:21 AM
  • 53 Replies


As many of you know, I have decided to file for child support, the reasons are on another post if you been following me along with my story. Now I have another question for my single Momy's

Me and my son father we were never married THANK GOD, we separated 3 years ago. I have decided to do child support for various reasons now my question is does the court talk about who claims the kid on their taxes.  I have claimed my son since day one he was born, but there has been several arguments because he's been wanting to claim him of course if he does he will be in serious trouble with me and i'm assuming the law because I think the mother is supposed to claim their kids by law. ''Correct me if i'm wrong.''  we share the baby equally I think I have my son for one more day. is done like that because we came into an agreement NOT THREW COURT. 


what should I expect about this when I go to court?

by on Aug. 22, 2013 at 9:21 AM
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Replies (1-10):
LauraMH
by on Aug. 22, 2013 at 9:29 AM

You need to make sure the court puts it in the paperwork. Most likely they will, but ask anyway.

A lot of people have it set where each parent claims the child every other year. Others with more than one child will each claim one. Still others have the custodial parents always claiming. 

If they say that you have to do the every other year way insist that for him to be allowed to claim the child he must be caught up on any and all unpaid child support. 

FabiolaG
by Member on Aug. 22, 2013 at 11:19 AM


 I didnt understand the last part, can you please expalin.?


Quoting LauraMH:

You need to make sure the court puts it in the paperwork. Most likely they will, but ask anyway.

A lot of people have it set where each parent claims the child every other year. Others with more than one child will each claim one. Still others have the custodial parents always claiming. 

If they say that you have to do the every other year way insist that for him to be allowed to claim the child he must be caught up on any and all unpaid child support. 



amandacr1026
by on Aug. 22, 2013 at 11:25 AM

When my daughter was born (we were living together and not married) that the one who makes the most income in the household is the one who claims her... Living apart its whoever keeps her the most. So if you get one more day than he does, congrats. you get the claim. You can't legally "trade off" at least not supposed to.

LauraMH
by on Aug. 22, 2013 at 11:26 AM

So if the courts or the dad insist that he should get to claim your child every other year then you need to put in a stipulation that for him to be able to claim the child on his taxes he can't owe you anything in past due child support. Basically, if he has arrears then either he pays the arrears or you get to claim the child on his year too. 

Does that help? 


Quoting FabiolaG:


 I didnt understand the last part, can you please expalin.?


Quoting LauraMH:

You need to make sure the court puts it in the paperwork. Most likely they will, but ask anyway.

A lot of people have it set where each parent claims the child every other year. Others with more than one child will each claim one. Still others have the custodial parents always claiming. 

If they say that you have to do the every other year way insist that for him to be allowed to claim the child he must be caught up on any and all unpaid child support. 





FabiolaG
by Member on Aug. 22, 2013 at 11:45 AM


nope, still conffused. I'm sorry all this has me confused. This I had no clue about. 

Quoting LauraMH:

So if the courts or the dad insist that he should get to claim your child every other year then you need to put in a stipulation that for him to be able to claim the child on his taxes he can't owe you anything in past due child support. Basically, if he has arrears then either he pays the arrears or you get to claim the child on his year too. 

Does that help? 


Quoting FabiolaG:


 I didnt understand the last part, can you please expalin.?


Quoting LauraMH:

You need to make sure the court puts it in the paperwork. Most likely they will, but ask anyway.

A lot of people have it set where each parent claims the child every other year. Others with more than one child will each claim one. Still others have the custodial parents always claiming. 

If they say that you have to do the every other year way insist that for him to be allowed to claim the child he must be caught up on any and all unpaid child support. 







LauraMH
by on Aug. 22, 2013 at 11:52 AM

Does he currently pay court odrered child support? If he does does he owe you any back child support that has not been paid? My ex owes over 10K in unpaid back child support. I claim the kids every year but if he was allowed to claim them every other year, I would put in our paperwork that he would have to pay back that 10K before he could claim the kids. 

If he owes ANY money at all then I would claim the kids. Does that help?


Quoting FabiolaG:


nope, still conffused. I'm sorry all this has me confused. This I had no clue about. 

Quoting LauraMH:

So if the courts or the dad insist that he should get to claim your child every other year then you need to put in a stipulation that for him to be able to claim the child on his taxes he can't owe you anything in past due child support. Basically, if he has arrears then either he pays the arrears or you get to claim the child on his year too. 

Does that help? 


Quoting FabiolaG:


 I didnt understand the last part, can you please expalin.?


Quoting LauraMH:

You need to make sure the court puts it in the paperwork. Most likely they will, but ask anyway.

A lot of people have it set where each parent claims the child every other year. Others with more than one child will each claim one. Still others have the custodial parents always claiming. 

If they say that you have to do the every other year way insist that for him to be allowed to claim the child he must be caught up on any and all unpaid child support. 









jbalagia2005
by New Member on Aug. 22, 2013 at 12:01 PM

For me it's who ever the child lives with for more than like 6 months, primarily. Which would be you. If you were to both try and claim him it would most likely be in your favor because your son lives with you. It would just be this long process of looking through all the papers and such. 

Lucky for me my daughter's father doesn't even know her social security number, which obviously you need to claim. LOL! 


FabiolaG
by Member on Aug. 22, 2013 at 1:14 PM


well yea.. My son lives with me. everything is threw me always. I just include his father and let him know what details with the baby such at school, Dr appointments and such. he did tell me once he has the baby social security number HOW? I dont know. But I have his security card with me. I freaked out. I have always claimed him on my taxes but he has always made an argument about every time is tax season. 

Quoting jbalagia2005:

For me it's who ever the child lives with for more than like 6 months, primarily. Which would be you. If you were to both try and claim him it would most likely be in your favor because your son lives with you. It would just be this long process of looking through all the papers and such. 

Lucky for me my daughter's father doesn't even know her social security number, which obviously you need to claim. LOL! 




easinpc
by Gold Member on Aug. 22, 2013 at 1:17 PM

My sons dad and I alternate years as to who claims him.  It was written right into our agreement.

merinasmommy
by on Aug. 22, 2013 at 1:25 PM
1 its mommy not momy 2 there is no law that says the mother claims the child it is whoever the child is with more 3 they will do all that in court.it doesnt matter what you want or what he want the judge has the final say so.with dd(her dad has standard visitation so every other weekend) i claim her every other year,with ds(i have sole custody) i claim him every year.both pay child support in fact my ex husband(ds's dad) pays 300 more a month in child support so its a case by case thing
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