I have a child that I raised since birth and he's 2 years old and now he wants custody and wants me to pay child support now but when I ask him for help he say's no he can't his attorney told him tells him to tell me NO and not only that he claimed him for taxes and my son never got a dime and now I got served papers. I buy everything and provide for my son what legal advice do you think he will get custody I am stable and never asked him for help anymore.HELP!
2006-07-11 09:43:48 · 14 answers · asked by Bridget D 1 in Politics & Government ➔ Law & Ethics
Get an attorney. If you can't afford one, find a legal aid service in your state.
No one can give actual advice to you here as each state is different and your question doesn't contain enough information.
2006-07-11 09:52:39 · answer #1 · answered by Steve 3 · 0⤊ 0⤋
I can't improve much on the advice others have given here.
You need to IMMEDIATELY consult an attorney experienced in family law issues. If you do not know such an attorney, then call your local or state bar association, and ask for a referral. You should be prepared to pay a retainer, but the attorney will answer your questions regarding the liklihood of you succeeding. It would be irresponsible to answer more specifically here without more detailed information on you, the factual situation, and the laws of your state.
I also deal a great deal with tax law. In the case of two parents of a child claiming the child on income tax, the IRS will generally award the dependency exemption to the custodial parent. That includes the right to claim the child tax credit and the EIC. The exception is if there is a court order stating to the contrary.
If he claimed the child and has legal grounds to do so, i.e. there is a court order awarding him that right, then there will be little you can do. You also did not say if there was ever a decree establishing paternity. If so, then you will need to document with the IRS the fact that the child lived with you for more than 6 months in the last tax year. I would suggest on the issue of the tax return that you contact a tax professional. Look in your yellow pages for HR Block and call their number. They usually have a year around office and can have a tax advisor assist you.
2006-07-11 17:11:38 · answer #2 · answered by Phil R 5 · 1⤊ 0⤋
The courts do work in your favor in the fact that you raised the child all this time since he was born and the judge will see that. First off he will have to prove you are unfit to completely take him away from you, then again he may be asking for joint custody where no one pays support. Is he spooked that you will put him on support then the support becomes retro active and you will get back pay with interest for all the years you did not recieve any payments. It is a court of law and he will have to show some evidence and so will you, so get ready. Also make sure to make the first move then you can have him pay for your attorney also.
2006-07-11 16:53:49 · answer #3 · answered by 456tbj 2 · 1⤊ 0⤋
I recommend you log off of here and talk to an attorney. You need to fight for custody of your child and for child support. The father has every right to go for custody and child support. In the interim, the judge can make him pay maintenance if you are not under the same roof. The judge will make their decision on what is the best for the child. SHOP for your attorney, find out what THEY are going to do for you. You will be their employer. If possible have someone knowledgeable and trust join you on your interviews. Have your questions written down. Be ready.
2006-07-11 16:51:51 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You really need to talk to an attorney. Custody and child support laws vary by state and only an attorney will be able to provide you with legal advice for your specific situation.
2006-07-11 16:47:51 · answer #5 · answered by Emily 1 · 1⤊ 0⤋
I would consult and attorney on this and also I would call the IRS. Last I heard the only way a non-custodial parent could claim children on their taxes was if there was a legal agreement on this, this fell under the 1979 IRS tax laws according to my own attorney.
2006-07-11 16:47:08 · answer #6 · answered by midnightdealer 5 · 1⤊ 0⤋
WOW! You really need to seek help from an attorney.
Laws vary from state to state, so it's hard to say what to expect.
But if there are any character witnesses for you and opposing character witnesses for him, round 'em up! You'll need all of them.
Do you have proof of when you guys split, how much you pay in chaild care, clothing, etc,. proof of him not paying support, whether or not he visits, things like that, so that you can use all of those.
Good luck!
2006-07-11 16:48:39 · answer #7 · answered by M J 2 · 0⤊ 0⤋
my husband pays child support but can not claim his kid on taxes. If the child has lived with you, then you are the only one that can claim the child on taxes not him. it is who the child lives with. he is cheating you. get a good lawyer and good luck. If he has not paid any support than you are owed money from him. good luck!!
2006-07-11 16:47:57 · answer #8 · answered by Ginnykitty 7 · 1⤊ 0⤋
Sue him for child support first, And by right he had no right claiming your child on taxes, turn him into the IRS
2006-07-11 16:46:07 · answer #9 · answered by Anonymous · 1⤊ 0⤋
varies from state to state, but the court generally looks to "best interests of the child(ren)" as a standard.
Hire an attorney, especially if he has one.
2006-07-11 16:47:25 · answer #10 · answered by Steve Wood 3 · 1⤊ 0⤋