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I have been divorce for 5 yrs. Both Ex and I remarried others. I retained full custity of our child. We have always worked together on raising her. Until now the New spouces have stayed out of it. He has been pretty good on paying child support. He was also court ordered to keep insurance on her. Well there is the problem!! He has changed jobs 7 times in this time frame. So there is the 60 plus days before new insurance kicks in and 2 of the jobs (including his currant one) doesn't offer insurance. For the last 3 years I have been insuring her. I wasn't court ordered. I wanted to discuss claiming her on taxes instead of being reemburced for my cost. Well new wifey & I got into it. Long story short can I take him back to court and get reemburced. Also while I'm there order me responcible for insurance and get to claim her every year on taxes?? He makes double what I make a year.
Thanks for any advice!!

2007-02-10 09:31:29 · 13 answers · asked by Di 1 in Family & Relationships Marriage & Divorce

Ex is a truck driver. No amount of pay is enouph for him! His new wife doesn't work and he supports her 2 kids. In the divorce he claims our daughter every other year on taxes (court ordered). Were in Ohio

2007-02-10 10:10:33 · update #1

13 answers

You have to have the court order changed if you dont want him to be able to claim her on his taxes. That is the only way for that. As for the other stuff, his child support payments will increase if he is not providing insurance and you are (that takes away from your income and increases his obligation because he isnt paying for any out of his).

Good luck.

2007-02-10 12:19:25 · answer #1 · answered by Tink 5 · 0 0

Why so many job changes in 5 yrs? If not a good, strong, valid reason, you could consider going to court, and getting him for contempt of court. Also, for court, see if you can get a court order so your ex can reimburse you for the insurance costs you have incurred during this time. Or, because you have custody, you should be able to claim the child on your income tax. Also, does your state, on the tax form, allow for head of household deductions? From what I understand, one parent can claim the child as a dependant, the other as head of household to claim the child on the taxes. Please look into all of this. I hope this helps. Take care.

2007-02-10 09:40:56 · answer #2 · answered by SAK 6 · 0 0

Talk to an attorney about this and see what they have to offer to help with. I suggest you go back to court to make sure he keeps the child on his insurance. Since he is breaking a court order you have to take him to court and prove in court that he has broken this order. He will have to put her back on his insurance i believe. Yes more then likely you will get reimbursed for the costs you have had to pay and your ex may be the one to have to do the paying back of the costs out of his own pocket.

2007-02-10 09:40:46 · answer #3 · answered by Lady Hewitt 6 · 0 0

ji di the best advice i can give you is i hope you have the recipts for your payment b/c if he was court ordered to insure the child then he's liable for your expenses rehuarding repayment and also i believe that since you are the primary custostodial parent you can claim her on your taxes. not 100% sure a/b that part but if he doesn't have her info go ahead and claim her. i think you should renogiate your custody agreement and ask a judge to decide what should happen and by all means don't even engage the new spouse b/c it's not worth it. she has nothing to do w/ it. go back to court and get a new agreement. i hope i was helpfu and i wish you the best.

2007-02-10 09:44:01 · answer #4 · answered by freedom fighter 7 · 1 0

first off if you are the one with custody then you can claim her on your taxes

it asks you did the child live with you over 6 months out of the yr well yes they do

i don't understand why you have not claimed her

yes you can my crappy ex cant keep a job either and gets ones with no ins so i pay for the ins
i send him a copy of how much it has cost me and he pays 80%
it is in the court orders
if any medical or expenses you pay so much % and he pays so much %

mine just happens to be his 80 mine 20%

and i have always claimed our son since i have custody

hope this helps

2007-02-10 09:37:53 · answer #5 · answered by elite_women_rule_the_rock 6 · 1 0

It sounds to me like he is trying to do the right thing. He is trying to stay current on support and if he could keep a steady job your daughter would otherwise be insured. If you can afford it cut the block some slack and you take it over until he finds steady employment. Your current hubby will understand. You don't want to find yourself needing medical care and not having insurance. Just till he gets on his feet. I am sure he will thank you for it and if your daughter ever needs care you will have the peace of mind to know it is there.

2007-02-10 09:39:53 · answer #6 · answered by ARM 6 · 1 0

i don't know what state you live in or what the laws are there, but in pa where i live if you have custody of the child more then 50 percent of the time then you are the one to claim them on you taxes. if i were you i would look into it. and as far as i know if you are insuring your daughter then he will have to pay more in child support. talk to a lawyer and see what they tell you. if it is worth it then go file.

2007-02-10 09:41:09 · answer #7 · answered by maggie 3 · 0 0

WHOA first of all I suggest using spell checker next time. "currant" is a type of grape jelly and I don't know what responcible or reemburced are. At any rate I suggest you contact your lawyer (why you haven't previously when he was changing jobs is beyond me), HE is the one who would determine if you had a case or not.

2007-02-10 13:22:58 · answer #8 · answered by Anonymous · 0 0

Look in the phone book and get a free consultation with a family law attorney. It definitely sounds like the court will have to get involved. Good luck.

2007-02-10 09:34:21 · answer #9 · answered by Anonymous · 1 1

take him back to court make him pay insurance on your child

2007-02-14 08:13:25 · answer #10 · answered by sweetgranny06 7 · 0 0

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