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erimom4

Financial questions concerning Joint Custody

Erimom4
20 years ago

I'll give you a real brief background because I don't want to rehash the whole thing. LOL

In 1990, DH met a woman who was 5 months pregnant and married her. Her child was born in early 1991 and my DH put his name on the birth certificate as the father and has always been this child's father. (The biological mother does not know who the bio father is.) After being married for 3 years, bio mom cheated on DH and they got seperated.

I met DH and we have been together for almost 9 years. Bio mom met new guy and moved in with him in 1993 taking her son with her. We had visits every other weekend as they agreed and that is how it went until last year. In 1998, mom married boyfriend, cheated on him and they seperated last year. When mom seperated from husband number 2, she brought her son over to us and told us to take him and she moved in with a new guy. Son lived in our home all school year and had visits with mom on weekends. In June of this year, son went on weekend visit with mom and never returned. Up to that point, there had been no papers drawn up for custody- just verbal agreements. We didn't know where child was, so we filed for custody in July 2003. Mom also sued us for custody. (Child is now 12) In end of July, judge demanded that child be returned to us until the custody issue was determined. In Sept. 2003, judge gave us joint custody both legal and physical, so son lives one week with us and one week with mom and her parents. When joint custody was given, mom quit her job and filed for support from us and was awarded a significant support payment monthly. Here comes the question...

We are claiming son on taxes this year as he lived with us for 9 months full time and 3 months part time. She received an advance child tax credit for child to go towards this years taxes which we think should be paid to us as we are the ones that will claim him. In addition, No reference to taxes was made in the divorce or custody orders from the judges. Who is to claim child on taxes- would it be her because she has him half time, would it be us because we have him half time plus pay support for him during her time or would we switch back and forth and how do we do that? Thanks in advance for any help.

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