If you need child support advice, there is no one better to turn to than a family law attorney. Do not hesitate to call our attorney Jean Mahserjian.
Child Support Advice | If I Pay Full Child Support, Can I Claim the Kids on My Tax Return?
If your spouse has primary custody of the children and you are paying full child support, it does not mean that you are able to take the children as dependents on your tax returns. Under the Internal Revenue Code, the custodial parent has the right to claim the children as dependents. This is an issue that is often negotiated when we’re negotiating an agreement. Depending upon the amount of support paid and the relative financial circumstances of the parties, we may agree on behalf of our client or recommend that there be a negotiation that the dependency exemptions be divided between the parties.
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Child Support Advice | My Ex is Not Paying Child Support or Spousal Maintenance
One question that we get here quite often is, “What happens if my spouse is not paying child support and/or spousal maintenance under the current agreement?” My answer is always to come and see us. We can definitely help you out with this. What will happen is we will go to either Supreme Court or Family Court, file a violation petition, and enforce the terms of the agreement.
Child Support Advice | Stop Paying Child Support if You Become the Full Custody Holder
If primary custody of your child changes, the best thing to do would be petition the family court to terminate your order of support. If your existing order of support is a direct pay order, meaning that you’re paying your ex or the child’s mother directly, you can stop paying, but you should also file the petition in family court as well. The reason being is that even though you have a new custody order, your child support order is still in effect and you still do technically owe that money. If you’re paying the child support collection unit or SCU as people call it around here, they will still continue to collect that money from your paycheck or mark you in arrears for non-payment if you don’t pay, which is why the petition is necessary. The only reason why I suggest non-payment if it’s a direct pay order is that public policy prevents the support magistrate from directing the child’s mother or the other parent from returning child support monies they receive. The sooner you file your petition the better because your relief will start as of that date.
If you need more child support advice, please give us a call today to set up a meeting with one of our experienced Saratoga divorce attorneys.
