Update to CS and tax question

Re: Update to CS and tax question

• jenjen930 member

  February 2013

  I always heard that cs has nothing to do with visitation.  In other words, you cannot withhold one because of problems with the other. 

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• KTdidit member

  February 2013

  jenjen930:

  I always heard that cs has nothing to do with visitation.  In other words, you cannot withhold one because of problems with the other. 

  That's what I always thought, too. Maybe he was just surprised because even though you aren't SUPPOSED to withhold visitation, people still do. He didn't flat out say "well then stop letting him see the child"

  

  
  

  
  

  

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• CFjo2010 member

  February 2013

  jenjen930:

  I always heard that cs has nothing to do with visitation.  In other words, you cannot withhold one because of problems with the other. 

  ^^This.  If your new attorney is expressing surprise that you have not been withholding visitation, be very careful.  Hopefully he's just surprised because he's encountered other mother's who have withheld the children.  But if he starts suggesting you withhold visitation, speak with a new attorney ASAP.
  

  

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• supermansmommy

  February 2013

  kaholland4:

  I just talked to the attorney who will from now on be representing me (woohoo I have a lawyer!!). He said that the law, in Indiana anyway, states that NCP has to be 95% compliant to be able to claim the child on taxes so to file ASAP. Also, he was really surprised that I still let BD see DS every other weekend even though BD hasn't paid CS since August. So I will be meeting with him tomorrow afternoon!

   

  This statement concerns me. Legally visitation cannot be contingent upon payment of child support. Your attorney should not be advising you to do this or support witholding vistiation for lack of payment. I'm happy you've found someone so supportive to represent you, but please ask for clarification before you sign on the dotted line. This screams red flag/poor ethics to me.

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• new+tothis member

  February 2013

  I think it's more that attorney's expect the worst in people. My attorney gave me a whole packet of things to do and not to do. It was stuff like "Don't yell at the other parent during exchanges" and "Don't withhold your child because you are angry with the other parent". I was like... dude, seriously? People need to be told this stuff? He's one of the most respected family law attorney's in the area and he seems honestly surprised that I'm not an a-hole to my ex.
  

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• KTdidit member

  February 2013

  The lawyer was definitely not advising that I withhold visitation, I know that it is not contingent on child support and I definitely would get an attorney with questionable ethics. I will find out tomorrow but I do think that he has probably seem so many horrible cases that he was genuinely surprised. And yes it is in the divorce papers that we alternate years but that does not apply if the NCP isn't in compliance

  

  
  

  
  

  

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• KTdidit member

  February 2013

  piffle42:

  It's in our order too that we're supposed to alternate but BF has never claimed DS nor has he tried to. The IRS actually doesn't care about the CO and technically requires a form from the CP giving the NCP permission to claim although I don't think they enforce it much. I think it gets trickier if you have joint custody but I'm not sure exactly how that works. What county in Indiana is your jurisdiction?

  Really? This is the first year that BD would've been claiming DS anyway. We are in Lake Co.

  

  
  

  
  

  

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