mother of three

[monval]

My jurisdiction is: new mexico

I am a mother of three children who have lived with me since birth recently my exhusband has filed for our parenting plan to be changed him now being custodial parent and me having vistations. My dilemia is he has an attorney and i do not. I recently started working again. He wants me to allow him to file on this upcoming tax return for all my children and if I agree to allow him to file he will waive his rights to child support. My children have lived with me up til two months ago. He stated cause he bought their school clothes and supplies he should be able to file. He does not allow me to see my children on a regular basis. And i am currently married and in the new parenting plan he does not want my children in contact with my current husband due to a domestic violance issue. Should i just give in to my ex husbands demands and requests? I fear I am losing my children due to me not being able to afford legal counsel

 

[irish223]

I'm a little confused. Is there a court order that gave him primary custody? Is that why they are living with him? If that's the case, then he is entitled to claim them on his taxes, unless the court order states otherwise.

Or, does he have temporary custody pending the custody hearing?

 

[jacksgal]

Domestic violence!? Can you explain this as well? I suspect that is reason Father now has custody

 

[Duranie]

If Dad gets custody he will be automatically able to claim the kids. That has nothing to do with you paying child support. If Dad can prove the kids are better off with him he might get custody but you are still entitled to visitation. If you and your husband are having domestic violence issues that could affect the relationship eith your kids. You can see if you qualify for legal aid. If he gets custody it does not mean you will not be able to see your kids. You need to ask for visitation every other weekend and split holidays and school breaks. Be advised he can file for child support if he gets custody.

 

[irish223]

I reread this post, and realized I made a mistake!

My jurisdiction is: new mexico

I am a mother of three children who have lived with me since birth recently my exhusband has filed for our parenting plan to be changed him now being custodial parent and me having vistations. My dilemia is he has an attorney and i do not. I recently started working again. He wants me to allow him to file on this upcoming tax return for all my children and if I agree to allow him to file he will waive his rights to child support. My children have lived with me up til two months ago. He stated cause he bought their school clothes and supplies he should be able to file.

I stated that he is entitled to the tax deduction if the children live with him. Actually, since they lived with you for more than six months, you are entitled to the tax deduction this year. Sorry about that!

If you allow him to take the deduction, I don't know how you can guarantee that he will not seek, or be awarded, child support. However, since you've only been working 2 months, the deductions may not help you much anyway. You might want to figure out just how much money is at stake by running the numbers through the tax forms, with and without the exemptions.