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    Singledoutdaddy's Avatar
    Singledoutdaddy Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 16, 2008, 05:46 PM
    Who gets to claim our daughter?
    My ex and I separated almost 2yrs ago. In the beginning of our break up, it was agreed by her to let me take our daughter to my dads house in Washington, and ended up for three months that we were gone. She was at this time going out, meeting new guys, and her excuse was she was confused, and ddnt want to be in a relationship. She never sent me any money within the 3 months Paris and I were gone. I ddnt ask for anything nor did I complain. Paris was 2 at the time. Mom never sent a birthday present for Paris, christmas money or gifts for that matter, nor did I ask her for anything. At the end of all this it hit mom and she wanted to get back into the bb's life so we made arraingments for her to come to Washington. We started to lean towards trying to work things out again and she sd she wanted me and Paris to come back to Colorado. She wanted to take paris back with her so I let her. I forgot to mention the time I was in Washington with Paris< I had to pay for child care, food, clothes by myself, as I was working full-time, got her on wick in Washington, and applied for medicaid for my bb, but we we ddnt stay in Washington long enough to start receiving it. Anyway, to shorten this story, I came back and ever since tried to get myself on my feet.Paris's mom and I never worked anything out(my choice), mom moved in with boyfriend and had another bb with him. Boyfriend pays all mtg, bills, and she pays for food, and buys clothes when paris there, and bb expenses. I took off to New York for 2 months for eduacational purposes so I can have a better chance t provide for paris and I. I came back this last summer in May 2008. In that time, I ddnt send her any money either, kept in touch, but I was poor myself due to a change in professions.

    When Paris with me at my place now, I pay my own rent, and buy her bb clothes , basically I support and it's a 50/50 thing as far as expenses, as agreed. Mom buys her own stuff for Paris, and I buy my own stuff for Paris. We both agreed to this. I do work Monday through Friday currently. I get Paris some thursdays to mondays, sundays sometimes. Then switches off to fridays to mondays, or sundays. So I get her 3-4days at a time during the week. Depends on my work sched.

    When I was in Washington with Paris, I got to claim paris in my taxes for 2006. After that Paris mom claimed her this last time for 2007 taxes. Now she wants to claim her again! Because she says Paris lives with her. I disagree, I have Paris just as much, and carry my own weight, everything I have I earned, and I pay for everything that I have at my place, and that paris has. She can't say the same, as she only buys what she can for the her new bb, and my daughter. I proposed that we trade year to year. She disagrees, and threatens me with child support.

    Question 1 is, Who in all fairness, gets to claim Paris this year?
    Question 2 is, can she really get child support if its an even time frame we both have Paris?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Dec 16, 2008, 05:58 PM

    I take it you do not have a court order.
    I think you should get her living with you as much as possible and go for full or joint custody order and a support order. As long as you are both just going along with what is convenient for whoever at the moment I have a feeling it is going to backfire on you.
    If she has spent the majority of the year with you and you had the majority of the expense I would guess you should be the one to claim her. Problem is that if she also claims her she can claim you were the one doing tax fraud so you need to be able to prove you had more right than she did and so forth.
    I think you should get a lawyer to sort this out.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Dec 17, 2008, 03:22 AM

    In case of separated or divorced parents, it does not count who paid the child support.

    Only the parent you had custody of child for more number of days (number of nights for 2008 tax return), can claim the child.

    Non-custodial parent can claim the child only when custodial parent authorizes or there is a clear court order.
    Read: Your U.S. Tax Return: Child of separated or divorced parents

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