Child support
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buduan
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PostPosted: Mon Feb 08, 2016 10:01 am    Post subject: Child support

So, my son lives with me full time. Meaning 6 days a week. I have joint custody with the mother. The last several years she has screwed me over come tax time by beating me to the punch when it came to file and claim our son.

I've repeatedly told her not to do this. After this year I've kind of had it.

So to offset the huge tax burden she just saddled me with, I'm going to take her to court and ask for child support.

I know nothing about the process. Does anybody here?

She covers his health insurance, that's about it. I cover everything else, from living expenses to after school activities and interests.

Do I have a case? What are the potential pitfalls in going back to court? She lives in a (bleep) little studio apartment she rents from my uncle so I'm not really concerned about her gaining full custody. My son is 14 and would not want to live with her, and I doubt a judge would force a 6'2 230lb kid to sleep on her crappy futon.

What am I not thinking of? He has lived with me full time since our divorce in 2011.
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hoopschick29
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PostPosted: Mon Feb 08, 2016 11:17 am    Post subject:

Any particular reason why she's not already paying child support (besides only being able to afford a crappy studio?
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PostPosted: Mon Feb 08, 2016 11:20 am    Post subject:

The child is under your custody so you're the one that has to claim the dependent because the dependent lives your roof. So, I advice you to talk to the IRS or file to court.
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PostPosted: Mon Feb 08, 2016 11:21 am    Post subject:

I guess I have to start a thread about my legal issue.
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buduan
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PostPosted: Mon Feb 08, 2016 11:21 am    Post subject:

hoopschick29 wrote:
Any particular reason why she's not already paying child support (besides only being able to afford a crappy studio?


I never asked for it.
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frijolero01
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PostPosted: Mon Feb 08, 2016 11:26 am    Post subject:

before we offer any advice......14 year old, 6'2, 230 lbs!!!!???
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buduan
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PostPosted: Mon Feb 08, 2016 11:28 am    Post subject:

Starting varsity center, CIF playoff team that went to 2nd round.

Yeah, I'm proud.
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hoopschick29
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PostPosted: Mon Feb 08, 2016 11:29 am    Post subject:

Quite frankly, what your ex is doing is illegal. It's called Tax Fraud. If she's claiming a child that she does not provide the majority of his support for, that's a crime. She can get in a whole lot of trouble. Now should you choose to proceed...

1. You will need proof that your son lives with you full time.

2. At any point, did she pass along any of her ill-gotten gains from her tax fraud to you?
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PostPosted: Mon Feb 08, 2016 11:46 am    Post subject:

frijolero01 wrote:
before we offer any advice......14 year old, 6'2, 230 lbs!!!!???


OP is shaquile oneal
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lakerjoshua
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PostPosted: Mon Feb 08, 2016 12:06 pm    Post subject:

Quote:
The last several years she has screwed me over come tax time by beating me to the punch when it came to file and claim our son.


File for the tax credit anyway. The IRS is not dumb they will figure it out when they issue 2 credits and ask one of you to prove who the child lives with. Let her deal with the consequences of filing a fraudulent return. No need for the court drama and obviously she can't afford child support anyways.

You don't need a lawyer, you need a better tax guy.
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Cutheon
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PostPosted: Mon Feb 08, 2016 12:21 pm    Post subject:

Yeah, I understand you are approaching this as a question about child support, but you should really be aware that a natural consequence of initiating this may be your ex-wife being liable, civilly or criminally.
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frijolero01
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PostPosted: Mon Feb 08, 2016 12:38 pm    Post subject:

buduan wrote:
Starting varsity center, CIF playoff team that went to 2nd round.

Yeah, I'm proud.


That's awesome, man. I'm proud for you. As a daddy myself, I'm a bit biased when it comes to these custody things. It seems as though we're always made out to be the deadbeats. But, it looks like you're situation is better for you and your boy and hope everything works out.
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buduan
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PostPosted: Mon Feb 08, 2016 12:57 pm    Post subject:

hoopschick29 wrote:
Quite frankly, what your ex is doing is illegal. It's called Tax Fraud. If she's claiming a child that she does not provide the majority of his support for, that's a crime. She can get in a whole lot of trouble. Now should you choose to proceed...

1. You will need proof that your son lives with you full time.

2. At any point, did she pass along any of her ill-gotten gains from her tax fraud to you?


Absolutely not
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buduan
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PostPosted: Mon Feb 08, 2016 12:57 pm    Post subject:

Chronicle wrote:
frijolero01 wrote:
before we offer any advice......14 year old, 6'2, 230 lbs!!!!???


OP is shaquile oneal


Football not basketball. I wish I had Shaq money.
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buduan
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PostPosted: Mon Feb 08, 2016 12:59 pm    Post subject:

lakerjoshua wrote:
Quote:
The last several years she has screwed me over come tax time by beating me to the punch when it came to file and claim our son.


File for the tax credit anyway. The IRS is not dumb they will figure it out when they issue 2 credits and ask one of you to prove who the child lives with. Let her deal with the consequences of filing a fraudulent return. No need for the court drama and obviously she can't afford child support anyways.

You don't need a lawyer, you need a better tax guy.


Yeah, just got off the phone with the IRS they said the same thing. My tax guy is good, there is no way either of us could have seen her doing this. She didn't tell me she had claimed our son until 2 weeks after the fact and I had already filed my taxes as well.
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buduan
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PostPosted: Mon Feb 08, 2016 1:00 pm    Post subject:

Cutheon wrote:
Yeah, I understand you are approaching this as a question about child support, but you should really be aware that a natural consequence of initiating this may be your ex-wife being liable, civilly or criminally.


If you only knew how badly this woman has screwed me over in the past.

I'm ok with her being liable. She needs to be taught a lesson.
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buduan
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PostPosted: Mon Feb 08, 2016 1:01 pm    Post subject:

frijolero01 wrote:
buduan wrote:
Starting varsity center, CIF playoff team that went to 2nd round.

Yeah, I'm proud.


That's awesome, man. I'm proud for you. As a daddy myself, I'm a bit biased when it comes to these custody things. It seems as though we're always made out to be the deadbeats. But, it looks like you're situation is better for you and your boy and hope everything works out.


I appreciate that, thank you sir
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hoopschick29
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PostPosted: Mon Feb 08, 2016 1:15 pm    Post subject:

buduan wrote:
hoopschick29 wrote:
Quite frankly, what your ex is doing is illegal. It's called Tax Fraud. If she's claiming a child that she does not provide the majority of his support for, that's a crime. She can get in a whole lot of trouble. Now should you choose to proceed...

1. You will need proof that your son lives with you full time.

2. At any point, did she pass along any of her ill-gotten gains from her tax fraud to you?


Absolutely not


Okay...so being you have clean hands, you have a tough decision to make. You can file papers on her for support. That can be a long and convoluted process, especially if you can't agree on an amount or she doesn't comply. Or you can do like Joshua suggests and file to claim your son also. Since she claimed first, you will have to provide proof that your son lives with you for X number of years, and receives the majority of his financial support from you.

If you want to give your ex a pass on the child support, that's your decision. You sound like a good provider, and she probably don't have much to kick down anyway. But you've been letting her skate on the CS AND allowing her to collect the tax credit. Why?? A judge is going to ask you that and you better have a good answer. She has multiple years of uncontested tax credits. You should have pushed back after the first time.
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frijolero01
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PostPosted: Mon Feb 08, 2016 1:33 pm    Post subject:

hoopschick29 wrote:
Quite frankly, what your ex is doing is illegal. It's called Tax Fraud. If she's claiming a child that she does not provide the majority of his support for, that's a crime. She can get in a whole lot of trouble. Now should you choose to proceed...

1. You will need proof that your son lives with you full time.

2. At any point, did she pass along any of her ill-gotten gains from her tax fraud to you?


I know someone who's doing the exact same thing. Someone close to us. Daddy is saying he takes care of boy 100% when, in reality, grandma and grandpa raise the boy about 90% of the time and provides majority support for him. This is a big no no and sick of kids being used for tax credits.
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frijolero01
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PostPosted: Mon Feb 08, 2016 1:41 pm    Post subject:

On one hand, I'd say go after her. On the other hand, is it good for your son for his mom and dad to be fighting like this? I'm sure it will be a pain in the ass to do all this so, will this be taking time away from the both of you?

I don't want to say forget it and just take it but, then again, you say she's been taking advantage of you and the system.

It's a tough decision for anybody.
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Cutheon
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PostPosted: Mon Feb 08, 2016 1:49 pm    Post subject:

buduan wrote:
Cutheon wrote:
Yeah, I understand you are approaching this as a question about child support, but you should really be aware that a natural consequence of initiating this may be your ex-wife being liable, civilly or criminally.


If you only knew how badly this woman has screwed me over in the past.

I'm ok with her being liable. She needs to be taught a lesson.


Just thought you should know. Good luck in this process
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lakerjoshua
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PostPosted: Mon Feb 08, 2016 2:21 pm    Post subject:

buduan wrote:
lakerjoshua wrote:
Quote:
The last several years she has screwed me over come tax time by beating me to the punch when it came to file and claim our son.


File for the tax credit anyway. The IRS is not dumb they will figure it out when they issue 2 credits and ask one of you to prove who the child lives with. Let her deal with the consequences of filing a fraudulent return. No need for the court drama and obviously she can't afford child support anyways.

You don't need a lawyer, you need a better tax guy.


Yeah, just got off the phone with the IRS they said the same thing. My tax guy is good, there is no way either of us could have seen her doing this. She didn't tell me she had claimed our son until 2 weeks after the fact and I had already filed my taxes as well.


Awesome, now that the tax thing is figured out I guess the only question now is do you also file for child support. I would suggest against it. If the tax thing was your only real financial issue with her, now that it's solved, no need to open that can of worms. Keep in mind 2 things, family courts are not kind or fair to fathers ( you might lose) and you will spend a lot of time and resources to get her to pay you a couple hundred bucks a month if you win. Keep the status quo and let the IRS deal with her.
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PostPosted: Mon Feb 08, 2016 2:32 pm    Post subject:

lakerjoshua wrote:

Awesome, now that the tax thing is figured out I guess the only question now is do you also file for child support. I would suggest against it. If the tax thing was your only real financial issue with her, now that it's solved, no need to open that can of worms. Keep in mind 2 things, family courts are not kind or fair to fathers ( you might lose) and you will spend a lot of time and resources to get her to pay you a couple hundred bucks a month if you win. Keep the status quo and let the IRS deal with her.


I'm certainly not a lawyer or an expert on child support. However I have seen enough anecdotal evidence to think an attempt at recovering any funds from here in the form of child support might backfire. Given her living conditions and the fact that you are clearly doing things properly financially and providing a stable environment for your son (which I have to say I admire and am impressed by), I can see her getting a lawyer to argue that you should start paying her in order so she might be able to provide a similar life style at her place (not saying she'd win, or that it would get considered - just that I can see a lawyer trying to go there).

Rather than brining support into it, I would think the better course of action is to demonstrate that she has fraudulently avoided paying taxes while thus denying you the benefit of doing so and try to collect on damages based on that obvious and seemingly quite provable factor.

(and now the lawyers here can tell me why I am wrong )
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buduan
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PostPosted: Mon Feb 08, 2016 2:48 pm    Post subject:

Guys, she is a supervisor at the USPS pulling down $70k-$75k a year. I'm not worried about her coming after me for support. She chose to live in that tiny apartment so our daughter couldn't come ask her to live with her. Forcing me to get a bigger place. Now that my daughter is 21 and off on her own I'm still in way too big of a house for just my son and I. Looking to downgrade as we speak.

I filed for support and will have my paperwork ready when the IRS starts sending their notices. I just hope that I'm treated fairly during this process because like another poster stated fathers aren't treated kindly by the state and I'm sure she can doctor something up to make it look like he lives with her. But I know her well enough that if she's standing in court she won't be able to lie.

We shall see what happens.

Thanks everyone for your input.
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PostPosted: Mon Feb 08, 2016 3:07 pm    Post subject:

I don't have any legal advice to add to this, but I hope this situation works out for you. You've obviously been nicer about it than I would have. One question though, since I don't know how this works, you two have joint custody? Does that mean there is a 50/50 split, and you two decided on your own that your son would spend the majority of the time with you, or is it court ordered that your son spends the majority of the time with you?
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