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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23577
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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I live in Michigan and share custody with the mother of my

Customer Question

I live in Michigan and share custody with the mother of my son. Although we lived together until our son was 2 years old, we never married. Our custody and financial agreements have always been verbal (nothing in writing). We did buy a home together (which she never contributed to mortgage like verbally promised); however when we went our own ways, I agreed to allow her to take our son as a deduction on tax return while I take the house deduction as long as we own the home together. 1 year after the agreement, she asked that I remove her name from the home which relieved her of any further potential house obligations (although she never paid mortgage, taxes or utilities). The house was $60k underwater. This agreement, would allow her to go on and purchase another home on her own which she did.

She has continued to each year to deduct our child on her income taxes 2005-2010 (threatening child support when I request a turn for 2010 filing this past year)
Her income likely ranges between $75,000 on the very low end to more likely $90,000 (director of nursing at a hospital in oakland county).
At this point, there is only the 1 child, however, my wife (she does not work) and I are expecting in Feb of 2012.

-My son's mother has 16 overnights / month, while I have 12 overnights.
-I pay 100% of healthcare insurance premium (Approximately $1,200 annually). She pays the occasional office vist or rx only if she takes into the appt, which I do at least 50% of the time.
-We have always amicably split 50/50%: daycare, school expenses/tuition/fees etc, clothing needs, summer camp etc.
-My accountant informed me that I am not able to take a flexible spending childcare deduction because I don't claim my son.
-The house my son's mother and I had together is being rented (no income, actually a $500 montly loss - $6k / year)

If I push the issue of the annual tax deduction, is it likely that she could win child support or additional custody? We have been in our amicable agreement for 4 years without problem thus far.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Pro replied 2 years ago.
What is your income?
Customer: replied 2 years ago.

100,000 annually

Expert:  Law Pro replied 2 years ago.
OK first you should know that for purposes of determining child support - it's the number of overnight stays.

It doesn't matter that you have the child all day long - if the child sleeps at the mother's house - then she gets credit for the day.

So she has the child 25% more than you. As such, if she filed for child support, at this time before your child is born, she would get some $800 per month in child support. That calculation is with her almost at your income level and not down at the lowest level you mentioned.

So, given that - I would not argue about the dependent exemption. Moreover, she is entitled to claim the exemption because she had the child more than you do pursuant to the IRS.




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Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23577
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Law Pro and 12 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.. What difference would it make if she were to file for child support before or after my second child is born? Also, does the child support calculation take into consideration the level of income of the party/parent receiving the support? Next, would my spouse's income (moot point at the moment) be a factor in the child support $ calculation?

Expert:  Law Pro replied 2 years ago.
What difference would it make if she were to file for child support before or after my second child is born?

Is she the mother of the second child?


Also, does the child support calculation take into consideration the level of income of the party/parent receiving the support? Next, would my spouse's income (moot point at the moment) be a factor in the child support $ calculation?

Yes, the child support calculation used both parents incomes into consideration.

But a spouse's income is NOT used in the calculation. However, argument can be made that your expenses are less - the court can deviate from the guidelines by 10%.

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