A few questions in regards to child support

[licia2122]

I live in PA, my daughters dad lives in AZ. He's never seen her. I filed for support in January of 2007 here in PA. In October of 2007 AZ entered an order for him to pay $240 a month and they also backdated to April of 2005, a month after my daughter was born. AZ never advised me they were holding a hearing on this and even gave my daughers father rights to claim her on taxes every other year provided his arrears were paid. I've gotten two payments one in Nov of 2007 and the second in Dec of 2007. He's currently about 9K in arrears to me. I've contacted my case worker here in PA in regards to this but AZ is not co-operating at all with assisting me with the support order. Now for my questions:

Since I was not made aware of the hearing date am I able to contest the fact they gave him the right to claim her on his taxes once he's out of arrears as he's never even seen her?

What additonal steps can I take to ensure AZ gets the ball rolling to hold him liable to pay the support?

If I were to just have him sign away all rights to my daughter would he still be responsible for the amount owed in arrears?

Thank you in advance for any assistance!

 

[WittyUserName]

Since I was not made aware of the hearing date am I able to contest the fact they gave him the right to claim her on his taxes once he's out of arrears as he's never even seen her?

Did you check PA's support guidelines? That will tell you how they decided who gets the deduction. In my state, for example, the deduction goes to the parent who makes the most money. Period.

BTW, they "gave him the right" because he is the Dad.

What additonal steps can I take to ensure AZ gets the ball rolling to hold him liable to pay the support?

There may not be any, sadly. The best advice I ever got on these forums: never rely on CS. You might never get paid. There are parents here who are owed hundreds of thousands.

If I were to just have him sign away all rights to my daughter would he still be responsible for the amount owed in arrears?

Are you planning to have your spouse adopt? Because no court is going to let him sign away all his rights & responsibilities without another adult willing to step in.

 

[licia2122]

It wasn't PA who came up with the decision, AZ did since that's where he lives. I'm still trying to figure out how the heck they got jurisdiction as my daughter was born in PA and has always lived in PA. Could that also be grounds for me to fight the judgement as they shouldn't have entered it a judgement as she's never resided in that state?

Please correct me if I'm wrong but I thought to be able to claim someone as a dependant on your taxes you had to have them living with you for at least 1/2 of the year. Heck it wouldn't even bother me if he saw her periodically thoughout the year and claimed her, but in 3 1/2 years he has yet to lay eyes on our child, despite my pleas for him to just simply see her.

I'm not married, nor do I plan on getting married anytime in the near future, however my cousin signed away his rights to his daughters without someone there to adopt them, also here in PA.

Edited to add: I'm not relying on the support, would it be nice to have you bet! However my daughter and I have been doing fine without it the past 3.5 years, although it was nice to have at christmas time last year

 

[WittyUserName]

It wasn't PA who came up with the decision, AZ did since that's where he lives. I'm still trying to figure out how the heck they got jurisdiction as my daughter was born in PA and has always lived in PA. Could that also be grounds for me to fight the judgement as they shouldn't have entered it a judgement as she's never resided in that state?

It's been a year, though; I wonder if it's been too long to contest? But you're right, it seems odd that AZ would have entered the actual order.

Please correct me if I'm wrong but I thought to be able to claim someone as a dependant on your taxes you had to have them living with you for at least 1/2 of the year. Heck it wouldn't even bother me if he saw her periodically thoughout the year and claimed her, but in 3 1/2 years he has yet to lay eyes on our child, despite my pleas for him to just simply see her.

Nope, not necessarily. I see it in my state a lot; one parent gets the deduction despite spending very little time in residence with that parent. It's a stupid way to do it, IMHO, but that's another story.

Maybe LdiJ will happen along - she's well-versed in the tax stuff. As I understand it, there are actually several deductions a parent/head of household can claim, and only one requires actual residence of the child. Hmm.

I'm not married, nor do I plan on getting married anytime in the near future, however my cousin signed away his rights to his daughters without someone there to adopt them, also here in PA.

He might definitely be the exception.

Edited to add: I'm not relying on the support, would it be nice to have you bet! However my daughter and I have been doing fine without it the past 3.5 years, although it was nice to have at christmas time last year

I hear you. I would love to be able to count on that too.

 

[licia2122]

Thank you witty for the responses. Another question I have and I'm unsure if this would fall under PA or AZ law given this case of mine is completely jacked up in my opinion; when can you bring up a child support case for review? Does there have to be a signifigant life change such as a divorce, or can you ask for a review yearly?

 

[LdiJ]

Divorced or separated parents do not fall under the six month rule, except for EIC and daycare credits. Since a non-custodial parent can never claim EIC anyway or daycare credits anyway, even if the judge award them the exemption, those are kind of moot issues.

In my opinion, its highly unlikely that he is ever going to be fully caught up on his arrearages, therefore its unlikely that he will ever be able to claim the child's tax exemption. The IRS also will not allow him to claim the tax exemption unless you give him a signed for 8332, which of course you are not going to give him because he has arrearages.

In addition, the CS orders cannot substitute for a form 8332, as they are conditional...since he must be caught up on his arrearages in order to take the exemption.

I would simply keep claiming your daughter as long as he has arrearages. If he files first, and claims her, you may have to file a paper return, and therefore have to wait a little longer for your refund, but he will have to pay back any extra refund he received for the child.

Again, there is no point in getting into a legal battle about it, because the odds of him every getting fully caught up, at least before she is an adult, are slim.

 

[licia2122]

thanks LdiJ, however he and I were never married, so would the 6 month rule apply then?

 

[LdiJ]

thanks LdiJ, however he and I were never married, so would the 6 month rule apply then?

Never married is considered as "separated" under the tax code and by the IRS. Therefore everything that I said above, applies to you.

I am a tax professional.

 

[WittyUserName]

Thank you witty for the responses. Another question I have and I'm unsure if this would fall under PA or AZ law given this case of mine is completely jacked up in my opinion; when can you bring up a child support case for review? Does there have to be a signifigant life change such as a divorce, or can you ask for a review yearly?

As far as AZ, you can request a review after 3 years or if there's a "significant change in circumstance". I couldn't check PA because the state's CS website was down.

(This is interesting - in the AZ guidelines it states "The court shall order that every twenty-four months, financial information such as tax returns, financial affidavits, and earning statements be exchanged between the parties." So if the other parent's income changes dramatically, you could then advocate for a review.)

 

[licia2122]

Oh, I didn't know that even if we were never married that we'd be considered seperated, thanks!


Would me getting a divorce from someone classify as a signifigant change in circumstance, as the order was put in place while I was not working but the person I was married to was so they went from the income we had from him?

Another thing that I just thought about, my daughter has a kidney condition and her father is unwilling to provide a family medical history. Not sure if the HIPPA act would protect them but is there a way that I could force them to give me that information as it would greatly help my daughter by knowing?

 

[LdiJ]

Oh, I didn't know that even if we were never married that we'd be considered seperated, thanks!


Would me getting a divorce from someone classify as a signifigant change in circumstance, as the order was put in place while I was not working but the person I was married to was so they went from the income we had from him?

Another thing that I just thought about, my daughter has a kidney condition and her father is unwilling to provide a family medical history. Not sure if the HIPPA act would protect them but is there a way that I could force them to give me that information as it would greatly help my daughter by knowing?

That would be a completely separate issue from child support, and actually from custody either.

You could probably file a civil case in AZ (would have to be done in AZ because only AZ has jurisdiction over dad) asking a judge to order him to provide a family medical history.

However, have you simply tried to talk to dad and explain to him that the child has a kidney problem, and that a medical history could greatly assist her doctors in treating her condition?

 

[licia2122]

Yes- I tried to contact him, his mother and his father. His father was extremely helpful, his mother was to put it politely a witch stating my daughter isn't her sons child(which was before the DNA test) and he was 'running' because he knew I had filed the support suit.