Legal Question in Family Law in Kentucky
Hello.
I am about to file for a divorce with my soon to be ex wife. I have a wonderful 5 year old child that is in the middle of this divorce. We have tried every way to work it out so the child did not have be in the middle of this.
I mainly have questions with Child support and The rights to clam on taxes. I work so that I cant keep my child on Friday- sunday.
My wife has papers drawn up so that I would take care of my child Monday- Thursday, and that I would pay X amount a month for child support(way over what a court would ask me), I would Pay the medical and dental, and all the day care cost. She is asking that she be able to calm my son for Taxes, and she wants me to buy all the school clothing and supplys for my days that I have my son.
We both have jobs and make about the same money, she makes a little less, and also draws child support from a different child by a different man.
I have been told that I would have to do pretty much all that she has asked by an attorney that I saw. I would be happy to do so if this is my rights to do so. I just have concerns that she will not use the money for the child like she should.
Is this not counted as 50% where he will sleep at her house one more night then at mine? I dont understand.
I would be happy to take care of all my sons needs in any way, as long as I knew it would be used in the right way. I would be happy to sign this paper. But Can I not just take care of all the needs my child has on my days leaving her with the bill on her days other then medical and dental?
1 Answer from Attorneys
You may want to consult with another attorney as if you have the child at least 1/2 the time (which it appears you would under the current arrangement you stated), then you may not have to pay child support, but just divide child care and medical and other expenses equally. It is also likely that you would alternate from year to year claiming the child for tax purposes.