I am unmarried father. Two children. Mom works nights. Children stay with me from 7pm to 7am, Mon-Fri. I pay child support and she doesn't allow me to claim either child on taxes. What can I do. We both make about the same salary

Is this from a court order?

Does the court know that the children stay with you those nights? If not go back to court to ask for a modification.

Not court ordered. Child support enforcement. Tried modification . No decrease. Should I ask for "shared custody", instead of joint custody?

I would advise to get a lawyer! They help in court. Why haven't you tried for primary physical custody?

Get a lawyer, you are letting her walk all over you. An attorney will take the emotional part out of your case.

What state is this in ? How old are the children ?

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Originally Posted by DONAUNT

not court ordered. child support enforcement. tried modification . no decrease. Should I ask for "shared custody", instead of joint custody?

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I don't understand what your trying to say here. Could you elaborate a little more ? From the way its worded you went through child support services to get a custody modification ?

I applied for modification through child support services. We have not been to family court or domestic relations. Everything has been ordered through child enforcement services

Children are 2 and 6

No the child support services will only look at the current court order, so they will just look at current earnings.

You have to file in court for a change to the actual court order
The physcial custody issue and the shared parenting plan.

What time of the evening do you get them.

I know in my case I get my son when I get off work, at about 5 each evening and I take him to his mom's when I go to work the next morning.

Since we are sharing joint physcial custody, ( does not have to be 50/50) basically there was no support due)
Now of course, at this point she has full custody and you are just the baby sitter, so she could pull the children and not take them to you and just get a baby sitter. But since she has already been doing this, you have a good case in court.

Don't even try this without an attorney.

I pick them up around 6:30pm and return them around 7am. THank you. I will try with attorney