[JCooksy]

My ex-husband and I were divorced (in Indiana) in Dec. of 2007 and since we had a child the judge did the child support and custody/visitation order at this time, and given all the information the judge determined that I would have physical custody and my ex was allowed SUPERVISED visits at a location determined by me and supervised by whomever I appointed and that my ex could claim our son on his taxes every other year. It is now 2011 and the last time I saw my ex-husband was the end of Jan. - beginning of Feb. in 2009 when he, his girlfriend and her two kids, stopped by to get me to sign (basically) a permission slip for him to claim my son on his taxes. It has been 3+ years since my son has honestly had a visit with his bio father, his father still lives in the same town in Indiana as me and my son but he chooses not to use his visitations and he doesn't pay support (even though it's ordered, if I am lucky enough to get any child support payments it's because he started working again and I hound Child Support Division until they put in an Income Withholding on his paychecks, in which I get a payment by force but this doesn't happen too much cause as soon as he gets a job he knows he is going to have a Withholding placed so he works to get himself fired after a little while). My ex stopped coming around for his 'visits' as soon as I started making him actually spend time with his son instead of being glued up my boyfriends rear. What I want to know is how do I file a petition with the court to ask the judge to reverse the order allowing my ex to claim my son on his taxes (our son was only about 6 months old when I filed for divorce and kicked his father out, for personal issues) and to ask the judge to order it that the father must request through the courts any time he wants to visit with my son. I know that I have to file a request/petition with the Clerks office but I do not know what kind of request/petition do I file or is there a pre done form I can fill out, if so which form do I need?

[justv]

Dear MS JCoosky; I will try to read between the lines to see if I can understand what you are really trying to say. I must say that I am surprised that no one has tried to help you for this long. I'm new but if I understand correctly, your ex is delinquent on support payments, 4 years ago the court allowed him to claim the child every other year with the IRS. Here's most likely what's going on. With his low income, his girlfriend and her 2 children, he is probably looking at a refund of close to 5 or 6 thousand with EIC. Now don't hold me to that amount because I don't think you ex is very smart anyway. If he is, he could get that. If I were in your shoes,(and I knew more facts), here's what, in theory, you could do. 1. Let him claim your son because (pardon me) the stupid --- won't get it anyway if he is indeed pretty far behind in support. His refund will be offset by the Attorney General's office for back support. Isn't that a hoot? But don't forget, I really would need to know more to be sure. Or 2. Tell him to stick it up his you know what and file for the EIC yourself, provided you worked and didn't make $100,000.00. Meaning I would take my chances that he ain't going to take YOU to court. You sound like a nice person, maybe too nice. Don't do your child any favors by making your ex pay attention to him. Ultimately do your best to be honest and comforting to your son. He is what really and only matters. Obviously, your ex has supervised visitation because of domestic violence or perversion (hopefully not the latter). I personally would not encourage his visitation at all if he is like I'm thinking he may be. Call me stupid but family court can be unpredictable and at your stage of the legal game, I would do what I feel my Family needs the most right now. By the way, what kind of glue does your boyfriend use? God Bless!

JustV