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Old 08-22-2014, 12:24 AM   #1
azndad Male
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Default Taxes and Child Support

I wanted to ask a few questions about taxes and child support, but would like to explain my situation first.

I am a lucky dad of an energetic loving 5 year old girl. Her mother and I split when she was 1. Currently, I am a music teacher in Colorado (tenured on Tuesday yay!) at a high performing elementary school and am receiving a decent pay due to obtaining a master's degree back in December. Working my tail off for a 4.0GPA, I have become quite adept at teaching music and have been accepted as a well-respected member of my school.
Attempting to be objective about my daughter's mother, here is her situation. She currently is a rock band singer. According to her, she and her husband combined make less than me (even though their house costs more than mine). As a result, she has threatened to take me to court on multiple occasions to pursue child support. She also wants to claim our daughter as a dependent.

Financially, I provide 50% of my daughter's expenses, and my daughter's grandma, mom's mom, provides about 40-45%. The mother only provides 5-10%, covering clothes, food, and other necessities when my daughter is with her. On paper records, I provides our daughter's childcare, medical insurance, funds for extracurricular activities on top all the necessities when she is with me. Grandma then pays me back. We have 50/50 parenting time with no court agreement, only a verbal one (shared custody correct?).

Finally questions!
1. Can my daughter's mother pursue child support even though she pays for my daughter's necessity?
2. Can she claim my daughter as a dependent even though I pay for a significantly higher percentage of the expenses?

Thank you for any and all advice you can provide.
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Old 08-22-2014, 12:47 AM   #2
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Default Re: Taxes and Child Support

with no court order, I hope you have serious documentation.

if she pursues it, your time could be limited and yes, you could be paying significant child support.

Since she has threatened things, get a lawyer NOW and get a court order for custody/visitation.
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Old 08-22-2014, 04:16 AM   #3
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Default Re: Taxes and Child Support

If you were married you have no rights. None. Can mom do all that. Yes. She absolutly can. I do not know how your state calculates cs. If it is a shared income model, what you pay for childcare and the parenting time you have would likely have yiu paying little support. If the calculation is a straight percentage of income... You are in trouble.

As a family law attorney... My free advice is this: get a some legal advice in yiur state NOW. Run... Do not walk.
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Old 08-22-2014, 10:03 AM   #4
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Default Re: Taxes and Child Support

And....how about the questions about claiming her as a dependent?
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Old 08-22-2014, 11:59 AM   #5
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Default Re: Taxes and Child Support

Quote:
Originally Posted by azndad View Post
And....how about the questions about claiming her as a dependent?
That all depends on who has the majority of Physical custody. in other words, who is the official resitential parent. Most states, even when you call it 50/50, someone always has 51% to the other's 49%.

If it's not spelled out specifically in a custody agreement, then it's whoever files first. just be cautious if there is no custody order because that can bite you in the rump!
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Old 08-22-2014, 12:15 PM   #6
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Default Re: Taxes and Child Support

Yes totally agree on both points. You need a custody agreement, which will cover the child support and who gets the dependent. As my attorney told me that dependent arrangement can become a bargaining chip. You can offer it up to get a waiver on child support, but given that you have higher income and most states seem to simply calculate on income, you will be the one paying given the 50/50 time. You would need almost a significant portion of time at least in our state to offset the income differential. In my case I made about 8 times what my ex did (she was unemployed so they provided the state minimum compensation in the calculation but she now has a job). Because I have the kids 80% of the time as she has no interest in having them, she actually owed me $124 per child for 3 kids in child support. My attorney advised me to waive that completely to not give her any leverage to push back so we deviated to $0 (the legal term for changing the amount willingly). The only reason she owed me anything was that she did not want parenting time. If we were at 50/50 I think I would have been around $1,000 total to her $400 or so the other way, so a swing of about $1,400.
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