Question. My fiancé and I have a son together and I have a daughter from a prior relationship. My ex and I have always split the tax money for our daughter but this year I won't be. For 2016 he gave me $450-500 for "child support" ( going to court in April to settle child support and on paper work it says I'm the one who clams her on my taxes ). My fiancé has been taking care of majority of everything for my daughter (which my ex takes care of her on his time) buying her clothes and other expenses.
My fiancé said he will give my ex the 450-500 and that's it. How should I settle this because it's going no where
The IRS Law states whoever the child spends the most nights with is who claims the qualifying child. Therefore by law you are suppose to claim her not him.
@tristan-makes-5, technically if I wanted to be an ass I could go back and do back child support since we split, but we go to court April to set up child support and the rest of the stuff for her
You don't even have to tell him that you claimed her 100%! In the end you have her over 50% of the time, she lives with you and you pay for everything else - just keep notes of what you pay - e.g. Health insurance, pre school etc!
@genesismommy26 if he is behind on child support he is not entitled to anything where i live
Technically, the parent who lives with the child more than 50% of the time(that would be you) is who should claim the child. Your ex is standing on incredibly shaky ground. I'd tell him to kick rocks. You don't owe that man a dime of what you get back.
My fiancé said if he helped out the way he should if he wouldn't care to split it
She lives with me and goes to her dads thurs fri and sat night, until she starts school and then she will go fri and sat nights (unless the judge says something diff)@babykinzliee2k16,
@babykinzliee2k16,
I told him that I'd give him the $500 back but he said he could get back $5000 if he claimed our daughter and he said "I'll give you half"
My daughter is not a way for you to make a profit. I always take the money and put it in the kids account, in my daughters 4yrs of life she had more money put back than myself.
My ex has given me to running total of maybe $1000 dollars since we split up 3yrs ago for her
@genesismommy26, I would only give him the amount he's paid. In some ways, I think I got lucky since my ex adopted my son from a prior bad relationship. Once our daughter came into the mix - and the divorce happened a few years later - we made the decision to each claim one child. Good luck!
Keep all the texts, emails he sends you or your fiancé, take notes of any phone calls, and when you have court in April tell them you haven't had much help from her bio dad. I'm not sure how the courts react if you tell them your fiancé pays for everything because they might not see a reason to establish a high amount of child support but if you tell them "dad" hasn't helped with your child other than a one time payment they should be on your side.
Good luck! My first son's sperm donor was supposed to pay me $585 a month but he was able to claim he wasn't paid in money at his job but rather a free place to stay and the ability to raise his first son so I only get $260 a month.
Don't give him a dime! Child support isn't counted on your taxes! And no. He's not entitled to any of your money. He can file his own taxes.
It's a weird story he left me while we were married 3 yrs ago, but wouldn't divorce me until middle of last year.
He thinks that since we were married for part of last yr he should get some money back since it's his daughter too.@chelseaepley,
I'd give him the 500 and call it a day.
My daughters father has maybe bought my daughter 4 boxes of diapers since she's been born and that's literally it, no Christmas presents nothing. So I told him I wasn't giving him anything for taxes because my husband and I have literally paid for everything.
@genesismommy26 true. my ex is around 60 thousand behind