joint custody

[MXS87701]

What is the name of your state?NM

i recently got married and my ex-wife moved to montana to re-marry as well she took my sons with her and i am still paying child support to her as directed by the courts, i have phone and internet contact with my sons. I send her the child support and more when i can by check every month. she is threatening to take more for more child support can she do this? especially now that i have another family to support 2 step children as well as one of my own. can she take away the tax exemptions of one of our sons from me when it is stated in the divorce decree that i can claim him for all years after the divorce.

 

[casa]

What is the name of your state?NM

i recently got married and my ex-wife moved to montana to re-marry as well she took my sons with her and i am still paying child support to her as directed by the courts, i have phone and internet contact with my sons. I send her the child support and more when i can by check every month. she is threatening to take more for more child support can she do this? especially now that i have another family to support 2 step children as well as one of my own. can she take away the tax exemptions of one of our sons from me when it is stated in the divorce decree that i can claim him for all years after the divorce.

No, she cannot claim exemptions that are not hers per the divorce decree. Contact the IRS 800# to find out what to do about that.

If you send her money that is above/beyond child support ( save your willingness to take to court and you having mentioned on the 'memo' area of the check what the xtra money is for) it is considered, legally, a 'gift'.

Child support is awarded by a % of parent's income according to state law ( state being the one the CS/Custody order is issued by). The mother cannot change/alter that.

 

[Phnx02]

What is the name of your state?NM

i recently got married and my ex-wife moved to montana to re-marry as well she took my sons with her and i am still paying child support to her as directed by the courts, i have phone and internet contact with my sons. I send her the child support and more when i can by check every month. she is threatening to take more for more child support can she do this? especially now that i have another family to support 2 step children as well as one of my own. can she take away the tax exemptions of one of our sons from me when it is stated in the divorce decree that i can claim him for all years after the divorce.

Your ex can ask for a cs modification at anytime. Whether it's granted or not, no one knows. If your income has increased by at least 10% since the last order, she may very well be granted an appropriate cs increase. You can possibly reduce your child support (or the increase) because you have another biological child to support too. But your stepchildren will not be a determining factor because you are under no legal obligation to support them. This is your wife and her ex's responsibility. The only way she can now legally claim one of the children for tax purposes is thru a modification of the original order.

 

[casa]

Your ex can ask for a cs modification at anytime. Whether it's granted or not, no one knows. If your income has increased by at least 10% since the last order, she may very well be granted an appropriate cs increase. You can possibly reduce your child support (or the increase) because you have another biological child to support too. But your stepchildren will not be a determining factor because you are under no legal obligation to support them. This is your wife and her ex's responsibility. The only way she can now legally claim one of the children for tax purposes is thru a modification of the original order.

IF you have another child to support, that will CERTAINLY be revelant- File to modify your support obligation.

 

[LdiJ]

IF you have another child to support, that will CERTAINLY be revelant- File to modify your support obligation.

Assuming that his income has not increased since the original order was written....he should proceed cautiously.