How to get help with child suport?

Question

How can I get my ex to pay back child support and where he can't claim him on his tax return.

Answer 1

I think the assumption is being made that you have a divorce decree that outlines how much and how frequently the support is owed. (Without an actual ruling on child support or temporary child support, you are not allowed to go backwards to collect.)

Provided your divorce decree entitles you to child support, all you need to do is go back to court and have the judge enforce the divorce decree. A lawyer is not required to do this, you can do it yourself. A judge will not hesitate enforcing his own ruling.

He is still entitle to claim the child, regardless of whether he is paying child support or not, UNLESS a stipulation on the divorce decree prevents him claiming the child if he is not current on his obligations.

Point of clarification as well: Child support payments are not tax deductible, in case anyone was wondering.

Answer 2

Hello There!

Go to your local Family Court! If you don't have a Support Agreement, you must prove paternity. . easily done. . .and get a Support Order. After that, if he doesn't pay. . . many states will suspend his driver's license.

As far as not letting him claim your child on his taxes, FILE YOUR OWN TAX RETURN AND CLAIM YOUR CHILD! You will probably get a nice refund because of the Earned Income Tax Credit. If he has filed a tax return and claimed your child that he is not supporting, well, the IRS will send you both a letter and IF the child lives with you, HE will have to provide them PROOF that he is providing more than 50% of the support and that the child lives with him more than 50% of the time. So, guess who will win that ONE!

The IRS requires that a parent claiming a dependent child provide that child's social security number. Once two tax returns claim the same child, the ball starts rolling. So that is an easy fix.

Another thing to remember is that Child Support is NOT counted as income on your taxes. . . alimony is. So get any support for your child as CHILD SUPPORT and not alimony! And don't sign any agreement that he can get to use your child as a tax deduction unless he is providing you with all the money you will ever need to raise your child.

Good Luck!

Answer 3

Depends which state you are in. If CA then I know you can access this website
http://www.childsup.cahwnet.gov/
to find a lot of the answers you need.

You will need to establish a custody order in whichever area you live by filing with the court. If you have 51% custody or more you can claim the child on your taxes. When you file for a child support order and the judge assigns him to pay you can collect by garnishing his wages if you know where he works. You can also request for him to pay "arrears" which means all the $$ he didn't pay before (back support)
They can take up to 40% of his earnings and give to you if he owes. Good luck!!

Answer 4

You can only get back child support if there is a court order already in place. If so, go to the DA and he will be happy to get it for you. As for him claiming the child on his tax return, there are laws in place already for that. Only one of you can do so and that is whoever the child lives with over 50% of the time and supports him.

Answer 5

Apply for some kind of state assistance, then the state should help you reclaim back child support. Thats what my X did to me... but I was more than happy to pay it. She just didnt want to ask me herself.
Other than that, all I can think of would be to get some legal assistance, small claims court, something to that effect. I would suppose giving him a serious guilt trip that he should be taking care of this child too might do it, unless he is heartless SOB.
In my state, after $5000 in arrears, the state goes after you, and jailtime s an option. I dont know about your state.
As for the tax return.... just claim him before he does, one SSN per year, per child. I suppose first come first serve. To be fair about it you should both alternate years. But your child is much more than a source of income either way. Fighting over money on behalf of the child is no way to handle yourselves.

Answer 6

There should be something set up in your area that helps custodial parents receive maintenance to help raise the child. In my area, it's called Maintenance Enforcement. This can be done via the court system.

Is there already a child custody agreement in place, one that outlines maintenance support payments? If not, get a lawyer and have one set up.

Unfortunately, there isn't a way that it will be hidden from the government, unless you and he come to an agreement on your own. It wouldn't be fair to him not to be able to claim the payments. And the draw back to having an agreement done outside of the court system is that they can't help you if he falls into arrears, and that wouldn't be fair to the child you both share.

Answer 7

first off if the child is in your custody full time 365 then your ex can not claim him on his taxes and in order for you to claim child support you must go to the district attorney and file a claim against him and if her doesnt pay then they take his driver license away and depending on how much he owes in back pay the will take it from his income tax return

Answer 8

the parent who supplies 51% or more of the dependant's financial support is who gets to claim them on taxes. If he not even paying child support don't think he'll meet that criteria. Report him to the IRS .State and fed.

Answer 9

If the county is coping with the youngster help, get it grew to become over to the lawyer generals place of work. In texas, or a minimum of dallas county, they do no longer enforce baby help. i comprehend this for a actuality as i myself am dealing with all this on the instant. i've got had custody of my 2 toddlers for over 3 years and not in any respect observed a dime of youngster suppot. I grew to become this over to the lawyer regular and won my first examine final month. Rearages secure! solid luck.

Answer 10

Wow! Not so much you want the child support that you deserve, but you don't want him to be able to claim it as a deduction?

Cold... so figure it out yourself!