Dead Beat Parent Act Maybe Not?

[stormofwrds]

My ex-husband has sent my daughter to live with me permanently,
however when I filed for child support modification they automaticly went after him for child support. I am in debt to him for arrears, and also a military dependent so I have left the state where the case was pending, and now he is threatning to have me charged under the Dead Beat Parent act if I make him pay support!

 

[Duranie]

Are you in child support arrears? If you are then a judge should just deduct what you owe fromthe child suppoty you may receive. I have not heard of a deadbeat parent act but if you are in arrears child support does it make sense to make him pay? Hopefully a judge will just offset it untilk your balance is down to zero. As long as you are in arrears you can still be prosecuted, your tax return taken, license suspended, etc

 

[stormofwrds]

He has just collected 8000.00 in taxes of mine it has not yet posted to his account and dose it make sense that he can send my daughter to live with me permanently and then threaten to have me arrested when i apply for a modification to not have to pay for the child that is now residing with me i thought that was black mail?

 

[Duranie]

He can threaten all he wants but he cannot do anything. It is the AG's office that will prosecute you for arrears, not your ex. After this 8000.00 is credited, how much more will owe? He can still ask that your support be taken out of your arrears, instead of paying you more money. If he is sending the child to live with you, then file for custody.

 

[stormofwrds]

After the 8 grand it will leave me in arrears of 2132.00. And that is definitely the plan to get custody last time he sent her to live with me as soon as he found out we were claiming her on taxes he demanded I send her back. Lesson learned I will never make this mistake again. I guess its in the hands of the Court now.

 

[Duranie]

Ok why would you claim her on taxes if you did not have custody, nor pay child support? That is an entirely different matter. Also if you move the child out of state you could be on the hook for all transportation costs for visits.

 

[stormofwrds]

Because she was in my care for the greater part of the calendar year and why should he claim her when he didnt have her at all. It dosnt matter in the eyes of the Irs who has custody they even say a divorce decree is not the deciding factor of who gets to claim child tax in the end it is up to the irs to decide who gets the money. Second of all what matters is the wellfare of my daughter and in which home she dose better so he should have left her with me. But instead he took her back all for money. And the funny part is if i can ever get an attorney he has even claimed ME! on one or more tax years that he is claiming i owe him child support for, and told my son who is working and now been thrown out of his home 1 month after graduating not file taxes so that he can claim him on his own taxes.

 

[stormofwrds]

Oh ya I forgot as far as transportation is concerned he was court ordered to help pay for the transpertaion and never once has. I have payed for all gas airline tickets both to and from my house back to his wich so far has been from south dakot to alaska and south dakota to missouri.

 

[RightTheWrongs]

Oh ya I forgot as far as transportation is concerned he was court ordered to help pay for the transpertaion and never once has. I have payed for all gas airline tickets both to and from my house back to his wich so far has been from south dakot to alaska and south dakota to missouri.

If states in your custody order that he helps to pay for transportation costs - do not pay for him. If he is supposed to pay for a ticket one way, then that is his responsibility. If he chooses not to, then obviously he looses his visit. If this is not clearly spelled out in your order, you need to get it changed! I would advise to have it state that he pays for the FIRST part of the transportation. If it just says "one half" or something, then he could always have you pay for the first part and tell you that he can't afford to pay for the second part, thereby making you pay his half to get your daughter back.

Keep in mind (since you said you already filed for full custody at this time) that once you agree to a custody order, it is a long process to get it changed. So do not sign it until it is correct!

I personally think that they would probably just take your arrears and subtract that from the total amount of what he would be ordered to pay.

Regarding claiming your daughter on taxes - you are absolutely right. Whoever has more time in the calendar year has the right to file. BUT I would keep all tax information regarding claiming her because if he were to claim her as well, there may be an investigation by the IRS.