Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I live in Michigan and share custody with the mother of my

son. Although we lived...
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.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
11/1/2011
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Verified
What is your income?
Ask Your Own Family Law Question
Customer reply replied 6 years ago

100,000 annually

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.




Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Verified
Law Pro and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 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?

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%.

Ask Your Own Family Law Question
Ask Law Pro Your Own Question
Law Pro
Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24,870
24,870 Satisfied Customers
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution

Law Pro is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
Situation: Court order says to pay child support if the
Situation : Court order says to pay child support if the child is living at the mothers home and going to college until the child is 20 years old. What if the child is living in a college dorm does th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Illinois Statute of limitations on Back Child Support
Illinois Statute of limitations on Back Child Support Payments Arrears No statute of limitation after 7/1/97, the law limited enforcement of past-due child support judgements to 20 years. Therefore, a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My child support order states that payments will continue
my child support order states that payments will continue until "each child" are 18 or graduates. my daughter has graduated june30th but was emancipated from her mothers home on march 29th. my son is … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Did child support laws change in Maryland? or is it still
hello, did child support laws change in Maryland? or is it still calculated by income … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
Can I sue my sons mother for collecting child support even
can I sue my sons mother for collecting child support even though our son got locked up? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x