Child support question

PoundCake

I just started a full time job after working 3 part time jobs.  So I'm making more per month, not a lot but still more.

I guess I have to file to amend the child support right?  He has harped on me a ton for how much he pays which isn't that much for 2 kids and I'm sure once he finds out I'm working FT he'll file.

I just struggling now and losing any money won't help since I have to pay on our joint credit cards and everything else I was left with since our divorce isn't done or near straighted out.

I don't want to sound like a money grubber or anything.  I just want to pay bills and save for my kids schooling.

CFjo2010

Flip the situation:  If your Ex got a new job and was making more money, you'd want him to be upfront and amend the CS to reflect the change in income right?  It's only fair you do the same.  Especially if something happens and your Ex starts making less money and requests a modification.  Then it's going to show that your income increased and you never disclosed it.  You could find yourself getting reprimanded by a Judge and have the CS lowered even more.

I understand how hard it is to raise kids on your own while trying to pay down credit cards that your Ex should be paying 1/2 of.  It's been almost 7 years and I've barely gotten the debts cleared that XH left me with.  And he never pays his CS.  But I notify my child support agency each and every time my income changes.  If they don't file modification paperwork, that's on them.  But I cover my butt because I don't want to be in trouble with the Court later.

DarthNBJenni

Contact your child support office. Because my child support was a part of a divorce decree, we'd have to re-file with our attorneys to get it modified, costing a buttload of money in fees. If you simply filed for child support through the local office, then you just fill out paperwork. Or - at least that's the case with my child support.

dmndsr4eva

Hmm, it is my understanding in my state that cs CAN change if there is a 20% or more difference in income.  I haven't gone to court yet but it is my understanding that we will probably agree to exchange tax info every year.  That is how we would each determine if we wanted to go back to court or refile again.  You both should be checking on each others income on a regular basis (standard is yearly) and then you can each make the decesion to file.

My ex paid child support to his exwife and I was not aware of them EVER filing for a change in child support since the amount was ordered over ten years ago. (and you can bet both of their income has increased more than 20% over the years).  Plus, his ex doesn't pay daycare anymore since the kids are in school.  However, they get along well now and his ex seems to be happy with the amount she gets every month.  She is remarried and has a pretty good job so I guess she is satisfied?

If neither of you file there is no one that is going to come looking for you.  It is up to each of you to protect yourselves.  You are not obligated to protect him.

PoundCake

I know he has gotten a raise or 2.  I haven't done anything b/c I'm just happy to get what I have.  He was on drugs and drank so I don't trust him as far as holding a job.  Don't know if he's changed.

But I have full legal and physical custody, so him claiming taxes isn't legal I believe.  He has supervised visits and has seen them just twice recently.  I don't get anything else from him, except he has the kids on his insurance and I pay all the copays.  I figure its an even trade.

I do plan on calling my caseworker, I guess its just me being a baby.

dmndsr4eva

PoundCake:

I know he has gotten a raise or 2.  I haven't done anything b/c I'm just happy to get what I have.  He was on drugs and drank so I don't trust him as far as holding a job.  Don't know if he's changed.

But I have full legal and physical custody, so him claiming taxes isn't legal I believe.  He has supervised visits and has seen them just twice recently.  I don't get anything else from him, except he has the kids on his insurance and I pay all the copays.  I figure its an even trade.

I do plan on calling my caseworker, I guess its just me being a baby.

No he cannot claim the kids on his taxes if he does not have primary custody.  The only way he can do that is if you agree to that and you certainly should not ever do that.

What I meant is that each year you should be exchanging your tax filing documents so that you can disclose to each other all of your earnings.  When you file your taxes it shows your total earnings from all sources for the year.  And that is how you would know if his income had changed significantly enough to proceed with getting your cs amount changed.

PoundCake

He would never do that.  And he hasn't filed taxes since we separated.  This I know.  He doesn't get a tax return because it would go to me since he's in arrears or to a defaulted student loan like it did when we were married.  His tax info still keeps coming to the house and I keep sending it back.

They called me and said he didn't file.

dmndsr4eva

PoundCake:

He would never do that.  And he hasn't filed taxes since we separated.  This I know.  He doesn't get a tax return because it would go to me since he's in arrears or to a defaulted student loan like it did when we were married.  His tax info still keeps coming to the house and I keep sending it back.

They called me and said he didn't file.

Well I don't know what to tell you.  Without tax returns I don't know how either of you would have any idea how much you are making.  However up to this point I've only dealt with lawyers.  I don't know what all they require at the family court office or where ever else you go to deal with this without an attorney.  I'm assuming both of you would need some sort of court order if you wanted to prove the other's income increased or decreased.

PoundCake

The caseworker is out today.  I know we both had to bring proof of income to the table and last time he asked for the hearing to lessen it and didn't show up because he didn't have proof.  So I will still do the right thing.

BMenz

alibabbbs:

It wouldn't occur to me to let the CS people know I got a raise. XH and I both get raises every year. From my understanding, they look at our incomes every three years and adjust amounts accordingly.

For our case, if there is any change in jobs/income/living arrangements etc etc we're required to notify our case worker within 10 days. BD of course fails to do so, but a review is done automatically every two years UNLESS either of us requests a review

Also, the form that is filled out (with income, bills etc) is sent to both parties along with a print out of all wages earned by both parties during the specified time period they check.  

BMenz

dmndsr4eva:

PoundCake:

I know he has gotten a raise or 2.  I haven't done anything b/c I'm just happy to get what I have.  He was on drugs and drank so I don't trust him as far as holding a job.  Don't know if he's changed.

But I have full legal and physical custody, so him claiming taxes isn't legal I believe.  He has supervised visits and has seen them just twice recently.  I don't get anything else from him, except he has the kids on his insurance and I pay all the copays.  I figure its an even trade.

I do plan on calling my caseworker, I guess its just me being a baby.

No he cannot claim the kids on his taxes if he does not have primary custody.  The only way he can do that is if you agree to that and you certainly should not ever do that.

What I meant is that each year you should be exchanging your tax filing documents so that you can disclose to each other all of your earnings.  When you file your taxes it shows your total earnings from all sources for the year.  And that is how you would know if his income had changed significantly enough to proceed with getting your cs amount changed.

This isn't actually true. I know from experience. I have full legal and physical custody of ds. The person who makes the most income is the one who claims the child(ren) if you've lived together at least 1/2 of the year even if filing separate.

Because BD made more than I did the first year that ds was born, and he was considered "living" with me (though he wasn't physically, just listed on our lease) he was granted the deductions and I had to pay back over $1,600 to the IRS.  

PoundCake

I did call. He said thanks for letting me know. I asked if there was any reviews after so many years and he said no. If its to change, it would be if either of us wanted a modification.

dmndsr4eva

BMenz:

dmndsr4eva:

PoundCake:

I know he has gotten a raise or 2.  I haven't done anything b/c I'm just happy to get what I have.  He was on drugs and drank so I don't trust him as far as holding a job.  Don't know if he's changed.

But I have full legal and physical custody, so him claiming taxes isn't legal I believe.  He has supervised visits and has seen them just twice recently.  I don't get anything else from him, except he has the kids on his insurance and I pay all the copays.  I figure its an even trade.

I do plan on calling my caseworker, I guess its just me being a baby.

No he cannot claim the kids on his taxes if he does not have primary custody.  The only way he can do that is if you agree to that and you certainly should not ever do that.

What I meant is that each year you should be exchanging your tax filing documents so that you can disclose to each other all of your earnings.  When you file your taxes it shows your total earnings from all sources for the year.  And that is how you would know if his income had changed significantly enough to proceed with getting your cs amount changed.

This isn't actually true. I know from experience. I have full legal and physical custody of ds. The person who makes the most income is the one who claims the child(ren) if you've lived together at least 1/2 of the year even if filing separate.

Because BD made more than I did the first year that ds was born, and he was considered "living" with me (though he wasn't physically, just listed on our lease) he was granted the deductions and I had to pay back over $1,600 to the IRS.  

You lost me here.  Who cares about one year of taxes?  I am talking about AFTER you divorce and and until your child is an adult.  If you are no longer living together than the parent with primary physical custody gets the deduction.  Yes, if you split during the tax year then for that ONE year it might be different but for every year after that the custodial parent gets to claim the child regardless of who makes more money.  The only exception to this is if the custodial parent gives the other parent permission to claim the child.

Understand that if your ex has the children for more overnights per year than you do, the IRS says that she gets to claim them.

Read more: How to Determine Who Gets the Dependent Deduction for a Divorced Parent | eHow.com https://www.ehow.com/how_12103203_determine-gets-dependent-deduction-divorced-parent.html#ixzz1pxfg4uoV