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--------------------------------- ♥TwinsRock♥ 2 kids; Buffalo, New York 4471 posts
10th Jun '13

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Crystal 3 kids; Hephzibah, Georgia 14992 posts
status 10th Jun '13

Child Support is supposed to go for every single thing that supports a child. Housing, heat, food, shampoo, clothing. If he wants a list, show what you rent is, you electricity, every single bill you pay each month. He can ASK to see those things, but it's up to the Judge whether it's required or not.

☮[The Mrs.] FJB Due December 4; 3 kids; North Carolina 14335 posts
10th Jun '13

Do you mean can he file the child as a tax deduction? Yes he can if there is no written rule of how you guys will file

Ladee+Grant+Lilly 2 kids; Tallahassee, FL, United States 19713 posts
10th Jun '13

He will be ordered to pay the support but he can always just not pay then you have the problem of enforcing it. And its possiblethat if he is made responsible for half of childcare that they might let that be part of his CS. Although you might get around that since you have a separate clause in your papers. I might have stipulated that the half is in addition to your CS, so when you go to court for your CS hearing you have everything clearly documented.

♥TwinsRock♥ 2 kids; Buffalo, New York 4471 posts
10th Jun '13
Quoting ☮[The Mrs.]:" Do you mean can he file the child as a tax deduction? Yes he can if there is no written rule of how you guys will file"


No, he's saying if he has to pay for day care he's going to take me to court to lessen his weekly child support payment. He doesn't realize that he has to pay for the day care ON TOP of child support. I'm claiming both kids for taxes. It's in the papers. (He owes me $20,000 and can't pay it in one lump sum so we settled on this)

♥TwinsRock♥ 2 kids; Buffalo, New York 4471 posts
10th Jun '13
Quoting Ladee+Grant+Lilly:" He will be ordered to pay the support but he can always just not pay then you have the problem of enforcing ... [snip!] ... that the half is in addition to your CS, so when you go to court for your CS hearing you have everything clearly documented."

That's a good point... I'll have to re read the papers and see how it's stated...



ADD: and it's in the papers that if he is late with child support for 3 weeks it is automatically coming out of his paycheck

Crystal 3 kids; Hephzibah, Georgia 14992 posts
status 10th Jun '13
Quoting ♥TwinsRock25♥:" No, he's saying if he has to pay for day care he's going to take me to court to lessen his weekly child ... [snip!] ... claiming both kids for taxes. It's in the papers. (He owes me $20,000 and can't pay it in one lump sum so we settled on this)"

And he doesn't realize he can't just go to Court to get it modified whenever he wants. There are limitations and time frames on that. Once or twice in a 2 year period, I believe.

Ladee+Grant+Lilly 2 kids; Tallahassee, FL, United States 19713 posts
10th Jun '13

<blockquote><b>Quoting ♥TwinsRock25♥:</b>" That's a good point... I'll have to re read the papers and see how it's stated... ADD: and it's in ... [snip!] ... ADD: and it's in the papers that if he is late with child support for 3 weeks it is automatically coming out of his paycheck"</blockquote>



Oh shit. You do have a great lawyer lol! Yeah if he's signed it and all...once you go to court they're not going to have sympathy because he signed off on it. And like a PP said...he can only do that so often or with just cause. I wouldn't worry.

PinkyMcGee Due July 2; 2 kids; Orange City, Florida 293 posts
10th Jun '13

In NY child care expenses are on top of support amounts and he can ask the judge all he wants, but he has no right to have receipts or "proof" of anything. When I went for cs with my eldest's bio dad he tried all of that but I got the full percentage and would have gotten half of childcare but I felt badly that it would have been close to 75% of his income (childcare is expensive as hell in NYC lol) so I just stuck with the base cs amount. Don't stress too much because he sounds like he's just threatening things he has no clue about. Cs in NY is 18% for one child and 23% for two and you will believe what you're entitled to regardless of how much he pisses and moans about it.

Jenny&Boopy 2 kids; Pittsburgh, Pennsylvania 7167 posts
10th Jun '13

Child support is for everything you need to support that child. Food, housing, clothing, etc. the only thing ou have to show proof of is the daycare costs to get half of that added as well. If your children ever get into extracurricular activities when they're in school, he can pay half of that as well. Personally, I'd see if it can just come straight from his paycheck all the time. That's what they do here. As far as the tax thing goes, if you have the children more than he does, he isn't allowed to claim them anyways. You have to have the kids at least 6 months out of the year to claim them. So if you have more than 50/50 custody, they're always yours to claim.

bean.dip TTC since Dec 2013; 1 child; 3 angel babies; Assawoman, Virginia 1073 posts
10th Jun '13

My ex tried to pull that. Didn't fly well with the judge. Mind you, for child support, HE had a lawyer and I did not. His lawyer screwed him over though lol. But no he cannot. BTW I am in NY, too.

Crystal 3 kids; Hephzibah, Georgia 14992 posts
status 10th Jun '13
Quoting
♥TwinsRock♥ 2 kids; Buffalo, New York 4471 posts
10th Jun '13
Quoting Crystal Marie S.:" That's not true. For Divorce decrees after a certain year, it states who can claim the Children on taxes. ... [snip!] ... taxes. Most specify every other year. It has to be followed, even if the parent claiming has the Child 1 month out of the year."


This is what ours states. For the first 5 years, I will be claiming both children and every year thereafter we each will be claiming one.

Crystal 3 kids; Hephzibah, Georgia 14992 posts
status 10th Jun '13
Quoting ♥TwinsRock25♥:" This is what ours states. For the first 5 years, I will be claiming both children and every year thereafter we each will be claiming one. "

Right. If you had Children while Married, or before, the Divorce Decree settles the tax issue, or it should. If you're dating or whatever, then it goes by the time spent with each Parent.

Jenny&Boopy 2 kids; Pittsburgh, Pennsylvania 7167 posts
10th Jun '13

<blockquote><b>Quoting Crystal Marie S.:</b>" That's not true. For Divorce decrees after a certain year, it states who can claim the Children on taxes. ... [snip!] ... taxes. Most specify every other year. It has to be followed, even if the parent claiming has the Child 1 month out of the year."</blockquote>




Yeah my ex and I were never married or anything. His visitation in total adds up to about four months of the year so he can never claim DS. I'm glad we were never married because I'd flip out if he could claim DS even though he doesn't see him much and pays crap for child support.