joint custody and child support

Nina - posted on 11/12/2015 ( 4 moms have responded )

4

0

1

My son father and I are going to court for joint custody because he don't want to pay child support and he want to file my son on his taxes. He have been paying child support since my son has been born and we never had any problems until he decided to get married. He lied and said that I was keeping my son from him when I let him get my son Four days out of the week. Now his lawyer saying for him to stop paying support and that he can file our son this year on his taxes. I think that's not fair, although he have my son, my son sleeps on the couch when he's with him and he have also slept on the floor sometimes at his dad's girlfriend now wife house. I on the other hand had my son on my least for five years and pay full rent so that my son can have his own room. His dad was only paying partial rent to whomever he stayed with. I don't have any money for a lawyer and I don't know what to do.

MOST HELPFUL POSTS

Jodi - posted on 11/12/2015

3,561

36

3907

If he has the child 4 out of 7 days a week, why is he paying child support? And why are you having an issue with him taking you to court for joint custody if he pretty much already has that anyway? It's not like he is taking you to court for full custody. He's not doing that just because he doesn't want to pay child support. he's doing it because he already HAS the child 4 days a week and shouldn't HAVE to pay you child support for the 3 days you have the child. You, my dear, need to get a job to support your son the 3 days you have him, not rely on child support to pay your full rent so he has a full bedroom - while you are relying on this, dad is struggling to be able to support the child on his FOUR days. I don't know how you can't see this.

Do you have any current court orders? If not, then sounds like you are about to get them. If so, then what do they say.

4 Comments

View replies by

Raye - posted on 11/12/2015

3,761

0

21

If he has the child 4 days of the week, he should not pay support and should be able to file taxes as the primary caregiver. Regardless of support payments... When you have the child, you pay for clothes they wear at your house, food they eat at your house, normal expenses for the days that you have the child. When the child is with the father, he pays for clothes for him to wear, food to eat, normal expenses. For school and other things that isn't so cut-and-dry, you need to discuss the expenses and both come to a decision on how those get paid. The focus should not be on parents fighting over money or disagreeing about bedrooms at the other parent's house. The focus should be on the child's needs being met.... you know the child created because you both had sex with each other? You know, the child that didn't ask to be born to parents that can't get along? You both need to think more about that.

Go to court. Get it all in writing who is responsible for what. If you can't agree, the judge will decide for you based on what he thinks is in the best interests of the child. Once it's done, follow your part of the court orders.

Nina - posted on 11/12/2015

4

0

1

I only got the draft of what they want us to agree on. I don't care about him not paying child support it's just the way he went about it. He have not always had our son for four days, this just recently started and although he have him he don't buy him anything. If we both were supplying the things that he needed I wouldn't feel a certain way about this situation but school uniforms, shoes, hair cuts and ect. I do because he said that he is not going to. I told him if I stop the child support that he has to do this part and I'll continue to do mine but he disagrees.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms