Now my ex lost his job.. child support question

[Johnny O]

Crap, I pay $941.59 a month for two. Worst part is I can't claim them on my taxes.

 

[Nelson Atwell]

Johnny, if you provide more than 50% of the support for your children, the IRS allows you to claim them as deductions. If you agreed in your divorce to give up that right, then your lawyer didn't do a very good job negotiating for you. I didn't even have a lawyer and I was able to get the deductions on my daughter when she lived with her mom.

 

[Johnny O]

Johnny, if you provide more than 50% of the support for your children, the IRS allows you to claim them as deductions. If you agreed in your divorce to give up that right, then your lawyer didn't do a very good job negotiating for you.

I asked about that early on. My lawyer told me the IRS has since changed that rule, and now whoever has primary custody claims the kids. They changed it because too many people were both claiming their kids. If you're already have that in place you're good, but I got divorced since the change.

Regardless, in Michelle's case her ex could probably get it reduced but if and when he gets another job, she can get it raised.

As an employer, I am required to send a new hire reporting form to the state whenever I hire someone as part of the "deadbeat dad law". Everything goes through the states now and not the counties like it used to, using payroll deductions. Really the only ways to get around it are to either work under-the-table or change jobs real often before the paperwork catches up with you, either of which suck for a number of reasons in terms of actually making a decent living for oneself. Further, just because your kid turns 18 does not relieve one of paying any back child support. A lady who works for me, her youngest is 23 and she still gets an occasional check because her ex was so far behind. He still owes her like $10k.

 

[Michelle Widell]

Regarding claiming the deduction, JohnnyO is right. When I went through my divorce, nothing was written in the divorce papers regarding who gets to claim our daughter on taxes. My lawyer did this on purpose, as she said that if it's not specifically spelled out in the divorce papers, then the person having primary custody gets the deduction. Sneaky, I know, but she didn't want another debate to arise... it took almost 2 years to finalize the divorce due to my ex's crappy lawyer - last minute debates about 401k's, etc.

 

[Michelle Widell]

$450 a week is pretty good, we were only getting $240 a month from my ex's husband for several years for 2 kids, now it's still only $390

I'll assume you meant $450/mo? (I'd go for the $450/wk.. hah.. and give him the deduction!)

 

[Gary L]

Try and and work it out between u two ... and if it don't work then get a Lawyer

 

[Thomas Rogers]

AdamCKach, spoken like a true law student. ;-)



TJR

 

[Tom Schindler]

It was writtin in my brothers divorce papers who gets to claim the children on tax deductions. Larry got the older girl and the ex got the younger.



That was untill last year. She decided that she wanted to use both without his knowledge. He found out, contacted the IRS, and she was nailed on it. He then took her to court about her little game and he gets them both now.





Tom

 

[Michelle Widell]

My ex attempted to claim our daughter when he filed for unemployment. I told him he didn't have custody, and didn't have the right to claim her. He tried anyhow. Of course, he was denied.



He also emailed me a few months ago with this:



"By the way I spoke to a lawyer and I have the right to claim Alyna every

other year, since I pay Child Support. I have the absolute right to do it so

I will be doing it next year since you've claimed her the past two."



I told him he didn't have the right to claim her, and that I would have to fill out some form with the IRS to allow him to do so.



So then he came back with this...



"Maybe you should get with your lawyer and she can explain what the word

"modification" means?!?"



I haven't heard a thing since. Maybe his "lawyer" was his girlfriend.



My ex isn't someone that I can easily work things out with. He forced me to go to a mediator to settle custody when I filed for divorce. And the funny thing was, he didn't have the money to pay the mediator, and we had to wait for her report until after he paid her. (She agreed with me, btw..)

 

[Thomas Rogers]

If he can't be worked with, and his threats of getting a reduced settlement are pretty idle, then I suggest you just tell him to keep sending the contracted amount.

 

[Will Freeze]

you're going to hate to hear this but "guys" get the tough end of the stick here......I paid $1200 dollars a month for my two.....she drove a Mercedes and I ate beans.........she also said I paid the "minimum" amount?????? go figure! Get the Lawyer(make him pay for it), cry a little and whether he is working or not he will still have to pay the original amount....heck go for an increase based on his earning potential.....if he doesn't pay he will go to prison.:wacko: