Really need help with this one.

[robertsons6]

I have a 5 year old son with my ex, we were never married. I have been with my new wife now for 4 years. My wife also has 3 children from a previous marriage. First off, my ex and I have an order for shared custody through Putnam County. Child Support takes out money every week for her child support. The order stated that I would pay her child support and she would keep him through the week and I would get him on Fri nights and she would pick him up on Sundays. For the past 8 months however, my son has been staying with my wife and I 5-6 days out of the week, and she is still receiving child support. The other day she asked me if I would let her claim him come tax time and I said no. I felt it completely unfair that I pay child support number 1 and that she also wants the tax money even though I keep him. She got really mad and came to my home. She started to say some really nasty things in front of my son and my wife's 10 year old son. She took my son and then had him call me and tell me she said he couldn't come back here until I signed a paper. I later found out she wanted to write up a paper that stated she would get the tax money and my son would be staying here throughout the week and at her house on the weekends. Also that all of the child support would be put in a savings account. Should I sign this paper? How can I report these violations like saying those things in front of the kids and so forth? I'm lost, please help. My son WANTS to be here. He cries when he has to leave here and he cries when I talk to him on the phone because he wants to come back.

 

[jharris352]

Your ex needs to grow up. You need to file for a physical custody change and a change in child support. You show the judge that the child has been staying with you anyway and ask him to change the parenting plan to make that the order. If you are keeping the child that much he will reverse the child support and make her pay, further you will get the tax credit.

Her actions in front of the child and her attempt to use the child to extort you will be good evidence for what you are trying to do. Get an attorney if you really want to do it right.

 

[Duranie]

you should have filed to stop child support and custody a long time ago. Do not sign the paper, but make a copy of it if you can. file for custody and put a stop to this nonsense. I would also ask the judge that you get to claim the child for 2009. technically, the custodial parent gets to claim unless the decree says otherwise. Technically since she has custody on paper, she might get away with trying to claim but I would fight her on it. She should be paying you support once you get custody.