My question involves a child custody case from the State of: Ohio
So last year I asked a lot of questions about taxes, and learned about how as the custodial parent there are some things that I will ALWAYS be able to take because of being the parent that has our daughter more than 50% of the time, and that my ex-husband will never be able to take.
Well it's that time again, and I gave my ex-husband form 8332 giving him the deduction for our daughter and the child tax credit. I told him once again that he can't take Head of Household, EIC or the dependent care credit (which I can't the DCC either this year since I paid for daycare out of my flexible spending account with pretax dollars, but that is neither here nor there.) Last year he claimed all of the same things I claim and I am just waiting now for the IRS to catch on and audit us, and I would prefer not to have to go thru this every year once they do catch on. NOW he is threatening me to take me back to court to change custody to give him more time. I find this to be crazy since he declined to take her for 20% of his appointed time over the last year to begin with, and now he is telling me that he wants more than 50% of the time so that he can take these credits, and have me pay him child support.
We just got a court order last year. We have joint legal custody with 65/35 split in time, which he doesn't utilize in its entirety. At this point, is it even a reasonable possibility that custody would be overturned? Would it be reasonable for a judge to see the time split and see based on the calendar I kept last year showing the dates that I had her vs the dates that he had her (just in case I ever needed proof for the IRS,) that he didn't even take all the time that he was allowed, that a judge would give him more time, (but less then 50%) if he were to ask for it now?
I just want everything to stay the same as it is now. It worked for us, and I never was a jerk to him if he bailed on his vacation time or on his weekends. It just was what it was, and I saw it as bonus time. Even if he WAS granted more time, but less then 50% I have no reason to expect he would even exercise all of it, but I still would rather it just stay the same. I can't even imagine him getting more than 50% especially since his only motivation for changing anything is to get all the tax breaks. It has nothing to do with seeing our daughter more, or it being about her at all actually. But I am sure crazier things have happened.
So last year I asked a lot of questions about taxes, and learned about how as the custodial parent there are some things that I will ALWAYS be able to take because of being the parent that has our daughter more than 50% of the time, and that my ex-husband will never be able to take.
Well it's that time again, and I gave my ex-husband form 8332 giving him the deduction for our daughter and the child tax credit. I told him once again that he can't take Head of Household, EIC or the dependent care credit (which I can't the DCC either this year since I paid for daycare out of my flexible spending account with pretax dollars, but that is neither here nor there.) Last year he claimed all of the same things I claim and I am just waiting now for the IRS to catch on and audit us, and I would prefer not to have to go thru this every year once they do catch on. NOW he is threatening me to take me back to court to change custody to give him more time. I find this to be crazy since he declined to take her for 20% of his appointed time over the last year to begin with, and now he is telling me that he wants more than 50% of the time so that he can take these credits, and have me pay him child support.
We just got a court order last year. We have joint legal custody with 65/35 split in time, which he doesn't utilize in its entirety. At this point, is it even a reasonable possibility that custody would be overturned? Would it be reasonable for a judge to see the time split and see based on the calendar I kept last year showing the dates that I had her vs the dates that he had her (just in case I ever needed proof for the IRS,) that he didn't even take all the time that he was allowed, that a judge would give him more time, (but less then 50%) if he were to ask for it now?
I just want everything to stay the same as it is now. It worked for us, and I never was a jerk to him if he bailed on his vacation time or on his weekends. It just was what it was, and I saw it as bonus time. Even if he WAS granted more time, but less then 50% I have no reason to expect he would even exercise all of it, but I still would rather it just stay the same. I can't even imagine him getting more than 50% especially since his only motivation for changing anything is to get all the tax breaks. It has nothing to do with seeing our daughter more, or it being about her at all actually. But I am sure crazier things have happened.
Modification of Custody: Change of Primary Custody Due to "Unfair" Tax Rules
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