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My son is almost 17 and s father and I divorced when he was

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My son is almost 17...
My son is almost 17 and his father and I divorced when he was two. We had a parenting plan where he was supposed to see him every other weekend and every Wednesday. But he moved away when our son was 4 and has not seen him since he was 6, so over 10 years. He never calls him doesn't ask to see him. The only part of the parenting plan that he wants to follow is that he gets to claim him on his taxes every other year. Should I fight him on this since my son is almost 18? If so what do I do?
Submitted: 2 years ago.Category: Family Law
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1/6/2016
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Was he ordered to pay child support? Does he? Is he current on it?

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Customer reply replied 2 years ago
He was and pays about 225 a month.I left a message with his support officer. I think he is current for 2015 but am checking
Family Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you.

The alternating tax breaks are based not only for this times taking care of the child temporarily, but also for his child support that he pays.

As such, the Court is unlikely to agree to a tax break simply based on the fact that he has not exercised visitation often. Now this is subjective, but unlikely. The chances would be much stronger if he was behind on child support.

Also, the filing for modification is likely to cost a few thousand. I am not sure how much your tax break would be, but, the legal cost for the filing may offset it, and not make it practical.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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Family Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!
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Ely
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