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I have a daughter whom I have not seen since birth 2.5 years ago. paternity is established but child support has not been so far. I have been sending $600 for the last 2 years even though there is no order. Now child support agency entered me in their system and soon they will start the support calcs. The mother has a son as well and they stay with their grandmother. Her mother claims everybody as dependents. I earn 130K+ before taxes 80K+ after taxes in California while she does not work (as far as I know) and her mother earns probably at the range of 30K in their state. Does the CSEA take the cost of living differences into account between states? Which state's jurisdiction applies here for child support, where the child resides or where I live? Do they impute her salary based on past work? Can I get the tax deduction for my daughter? I will pursue custody after this is settled.

2007-06-26 10:57:06 · 9 answers · asked by Ken T 1 in Family & Relationships Family

To make it clear, the mother of my child is staying with her mother (my child's grandmother) who is claiming both her daughter, her daughter's son and my daughter. The reason why I did not attempt custody before was mainly due to me being in a different state and that there was a chance I moved to a different country for work.

2007-06-26 13:59:25 · update #1

9 answers

Get a lawyer because all of these are very tricky and subtle legal questions. The judge really isn't going to accept 'well someone on Yahoo Answers told me..."

Get together all of the records of money you've sent voluntarily in case they start talking about back support.

2007-06-26 11:01:34 · answer #1 · answered by elurle 6 · 0 0

Your question was confusing because you called everybody "her" or "her mother" and I can't tell which person you are referring to - your ex or her mother. But generally speaking, if no state has previously taken jurisdiction over the issue of child support, it will be done in the state where the child resides (for at least the last 6 months). In California, they would impute the mother's earning ability, as opposed to her actual income, if you could prove that she still has an opportunity to work at the higher rate but chooses not to. The only way you can get the tax deduction for your daughter is to have the court order it, or to prove that you pay more than 1/2 of her living expenses each year. Since you have had nothing to do with your child since birth, its unlikely you would be granted custody. You should start with tryuing to get some visitation first. Good luck.

2007-06-26 11:19:41 · answer #2 · answered by Rooty tooty 2 · 0 0

Hopefully, you have proof of the $600 you have been sending every month. Otherwise, without proof, they could make you pay back support. The support will come through the state the child resides, and they may include her mother's salary since she is living with her. I doubt you can get a tax deduction for her unless you have custody of her for at least 6 months of the year.

Good luck with the custody.

2007-06-26 12:27:37 · answer #3 · answered by Anonymous · 0 0

OK as far as which state has jurisdiction. If there has been no custody ruling then the state the child is residing in will claim jurisdiction. You can claim child support payments on your taxes but should check with someone like H&R block to be sure they will count with no child support ordered by the court and you will need to keep your canceled checks that you used to pay with. Also write in the memo section of the check "child support" these will be your reciepts for claiming on your taxes. Calculations will vary according to state law. How ever in Az. My ex was un employed and the assumed that "she could make minimum wage" so that was what they used for her income to do the calculation.

2007-06-26 11:27:39 · answer #4 · answered by Anonymous · 0 0

Child support is not based on her income. It is based on yours. She could make $200,000 a year and it would still be based on yours because you are expected to help pay the cost of raising your child. For one child, it is normally set at 15-20% of your income.

Since she has had the child for 2.5 years, the best you can hope for is joint custody unless you are just going to go ahead and fight her for custody now. As the parent the child lives with, she will get to claim it on her taxes, not you.

Why fight for custody later? why not do it now? Later may be too late because you've already felt that the child was safe enough with the mom for the last 2.5 years as you have not initiated a custody battle thus far.

2007-06-26 11:02:51 · answer #5 · answered by janicajayne 7 · 0 0

Not sure about Cali, but this is how it works in Texas: Child support would be based on where the child lives. You cannot claim your daughter as a tax deduction unless she lives with you. She also is not required to report child support on her income tax. Once you get custody, if the child has lived with you for over half the year, you can claim her.

2007-06-26 11:02:03 · answer #6 · answered by Keep on Truckin' 4 · 0 0

Child support willbe determined in the state where the claim was filed. Her past wages will not be brought into the amount unless she is currently employed. Only the parent who has her more than 6 months living under their roof, usually the residential custodian parent gets the deduction.You can go after custody but not only will you have to prove her unfit as amother but then youllalso have to prove youre the best parent over foster care so please be careful doing this

2007-06-26 11:53:15 · answer #7 · answered by Arthur W 7 · 0 0

child support is where the child lives but normally it's about 17% of your monthly income if you kept receipts of what you send her thats in your favor you can't claim the child but some states like NY give you credit on their state taxes for paying child support

2007-06-26 12:22:18 · answer #8 · answered by Anonymous · 0 0

They will probably take 17% of your income- pretax. Make sure you have receipts of where you have been sending the child support.Then learn to keep your pants zipped sonny.No tax deductions for dad,s only women get this.

2007-06-26 11:02:50 · answer #9 · answered by Anonymous · 0 0

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