My ex and I have two kids. We have been sharing custody. The month's I have the girls I pay $350/wk in daycare expenses. When he has them his mom watches our oldest and his Uncle watches the baby while he works and chases women. Initially he said he was going to give me $400 per child in support during the months I had them. In the past year he has skated around paying child support and waited until he got the girls on one of his visits to up and quit his job on the police force. Granted he's 33 yrs old. Now he is only making $1200 per month in income with his night job at Sam's and is filing for Chapter 13 bankruptcy. I asked him to get a 2nd job and he said no b/c he is going to college during the day.
He knows me having to pay daycare and other stuff is just too much by myself. It's like he keeps making these life changes so that he can lower his support. He says he will be able to pay $500. Should I agree to that? How will his bankruptcy factor if I file for child support?
2007-01-09 11:00:07 · 7 answers · asked by LuvMyGirls 5 in Family & Relationships ➔ Marriage & Divorce
In addition he is mad that I'm not letting him claim one of the girls on the taxes. I've spent over $8000 in daycare expenses alone last year. His total contribution was a little over $2700. Why should he get to claim one of them?
2007-01-09 11:04:22 · update #1
Ugh - I feel so bad for you. This is what a lot of men do. I would get a lawyer asap. They can file papers to prevent your ex from quiting a job and make sure he continues paying the same amount of child support - or more if needed. I know so many men who have tried to pull this. It's sad. I believe in fairness across the board but it doesn't sound like he's playing fair. On top of it all, he's a cop - and sorry to say but they're the WORST. All of my friends who have divorced and are involved with child support grievances were married to cops (most of which ran off with strippers). The worst. You poor thing.
2007-01-09 11:08:29 · answer #1 · answered by Lilith 4 · 2⤊ 0⤋
1st off the courts should govern how much support you are to receive. It is figured on the gross income of the non-custodial spouse. You also sound like you have mucho baggage from this relationship too!
His child support is factored into his Chap 13. and that is it. The court trustee won't be paying that Why isn't there a wage withholding on your spouse for his employment at SAMS? Any support you receive should be under a wage withhold. If there is nothing court ordered he doesn't have to pay you a dime! Be thankful he's been paying something to you.
2007-01-09 11:14:37 · answer #2 · answered by aunt_beeaa 5 · 1⤊ 0⤋
All of this should be outlined in your divorce settlement. If it is not, then you need to get a lawyer quickly and put this issue on the table. It sounds like you two have been trying to work things out yourselves, which as nice as it sounds, it doesn't work. My ex and I have shared custody as well 50/50 right down the middle. The difference in salary was so small neither one of us pay support. And it is in our settlement that we split all expenses 50/50 and we each claim 1 of our 2 children. It works out quite well. I just can't believe you would not have something like this documented. If you did, and he was falling short, he would be in default. Believe me, the state does not want to wind up supporting your children, they will do everything possible to make a fair agreement and see to it that it is kept. Call your lawyer right away and get this taken care of.
2007-01-09 11:15:07 · answer #3 · answered by sammiejane67 4 · 1⤊ 0⤋
if he has had them half the year then he can clam them half the year and you are paying a awful lot for day care and i am not sure where you live but here in Mich they have a formula and they go by the parents income it is better if the two of you can work something out
2007-01-09 11:11:29 · answer #4 · answered by amy 3 · 0⤊ 1⤋
you need to talk to your attorney general and figure out what you can do. If you already have child support through them and if he owes backpay then you get it back from his income tax refund.
2007-01-09 11:09:29 · answer #5 · answered by grrlstarr79 2 · 1⤊ 0⤋
he doesnt have the right to claim them if you paid more then he did of their expenses.
contact your local IRS office and ask them. they will tell you, who ever pays more then 50% of a childs expenses... in any case, tell your ex to go ahead and file, the IRS will audit both of you. make sure you file first.
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
2007-01-09 18:48:13 · answer #6 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
sounds like every low down man!
2007-01-09 11:04:47 · answer #7 · answered by MYPHARRELL 3 · 2⤊ 1⤋