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Child Support hearing scheduled, what now?

Posted by on Jul. 30, 2014 at 2:12 PM
  • 19 Replies

I went through the state (NC) to set up child support. They calculated everything and sent my ex papers, giving him a chance to voluntarily sign. He tried telling me that the only way he'd sign is if I agreed to let him claim ds on taxes on alternate years. I told him no, he couldn't make demands like that, so now he won't sign.

The case worker just put in for a court hearing. Have to wait until September now because of his tantrum. But what do I need to expect from this hearing? I want to be well prepared.

by on Jul. 30, 2014 at 2:12 PM
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Replies (1-10):
Oliviasmom72
by Gold Member on Jul. 30, 2014 at 3:04 PM

The judge may give him the tax deduction anyways. There is no guarantee you will get it just because you are CP. My ex and I each claim 1 kid. No way to predict what a court will order.

Callaly
by Jessica on Jul. 30, 2014 at 3:22 PM

 I think that its pretty reasonable to claim kids on alternate years.. to argue over this when the judge will probably grant it to your ex and you will have to pay additional lawyer fees.. is it really worth it?

sid1083
by on Jul. 30, 2014 at 3:41 PM

Can your caseworker help you?

FLmom26
by on Jul. 30, 2014 at 4:01 PM

The caseworker is the one who told me he can't make demands about taxes or anything regarding child support. The CS in our state is calculated based on where the child lives primarily and takes the assumption that CP will claim the child on taxes. To get something else ordered, he would have to bring it up during mediation or trial for custody/visitation. Those things are kept separate here. The reasons I said no to him claiming is because he hasn't offered any help in almost 4 years (aside from buying a very few things here and there) When he could afford to spend hundreds on himself every week, plus he claim ds on taxes the last 3 years where we had agreed to split the money (surprise, surprise he never did what he promised), and I'm not going after back child support.

LifeCafe42
by on Jul. 30, 2014 at 4:35 PM
Oy well good luck everyone's situation is so different even state by state it depends on the judge
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Mira_B
by on Jul. 31, 2014 at 5:14 AM
In NC the judges JUST do the CS they don't do the tax deductions. That's the state I have mine through.

Basically the judge just goes over it and makes the order. I've never went to any of the hearings, just make sure you caseworker has all the paper work they need. They will send you a copy of the revised order in the mail.
Oliviasmom72
by Gold Member on Jul. 31, 2014 at 10:13 AM

The father can certainly ask for the deduction and every other year seems fair and if a judge agrees, he will get it.

booscomputer
by Bronze Member on Jul. 31, 2014 at 12:27 PM

I cannot imagine that "every other year" deductions wouldn't be a red flag to the IRS -- I'd say no  just for that reason.  Besides, whatever he pays probably isn't going to come close to paying 1/2 of what it actually takes to raise a child.  Go to the hearing no matter what -- there's a pretty good chance he won't show up and then you get pretty much what you want.  NEVER MISS A COURT HEARING -- it is disrespectful to the Court.

FLmom26
by on Jul. 31, 2014 at 1:23 PM

Thanks, the caseworker has all she needs. But she did tell me to be there too, just in case he tries to make any claims of what he has done on his own or why he can't pay the amount they say. So They can ask me anything they need to that will help me. I wish I could skip it though, I still have trouble with being intimidated by him :/

Quoting Mira_B: In NC the judges JUST do the CS they don't do the tax deductions. That's the state I have mine through. Basically the judge just goes over it and makes the order. I've never went to any of the hearings, just make sure you caseworker has all the paper work they need. They will send you a copy of the revised order in the mail.


FLmom26
by on Jul. 31, 2014 at 1:26 PM

I think there's a form I'd have to sign agreeing to let him claim ds on those years. It's not just a standard thing, and would have to be put in a CO.  I'll definitely be there. The case worker told me I need to be just in case they need to ask me anything.

Quoting booscomputer:

I cannot imagine that "every other year" deductions wouldn't be a red flag to the IRS -- I'd say no  just for that reason.  Besides, whatever he pays probably isn't going to come close to paying 1/2 of what it actually takes to raise a child.  Go to the hearing no matter what -- there's a pretty good chance he won't show up and then you get pretty much what you want.  NEVER MISS A COURT HEARING -- it is disrespectful to the Court.


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