Legal Question in Family Law in Kentucky

Hello,

I have a quick question about my child custody and also about who can clam taxes for my child. I went to court and was given rights to my child 3 days and my ex wife gets him for 4 days out of the week. However I keep my child more then the 3 days that is on the papers. I pay child support, Buy all his school supply/ clothing, any and everything my child needs I pay for and dont mind it. My ex wife filed last year to clam my child and we had a virbal agreement that I would file this year. However now she has filed or will try to file before I get the chance. What are my rights and what should I do. I also was wondering if She had the right to make me pay for day care due to her not being able to watch the child during her days. I was told that I would have to pay for the childs day care regardless of whos day it is. any advice would be great


Asked on 1/12/12, 1:22 pm

2 Answer from Attorneys
Andrea Welker Welker Law Office

First, daycare is divided pro rata, as is health insurance, and can be added into the child support worksheet. You are not responsible for 100%, but you are responsible for your portion of work-related childcare expenses, regardless of whose day it is.

As for taxes, it is customary to alternate, or agree to divide tax return based on that credit (the more complex way to do it). Depending on the court, they might order you to alternate if you bring a motion before the court, since obviously your custody agreement is silent on the issue. I can't tell you what to do, but a consult with a local attorney who regularly practices family law in your jurisdiction will know what your judge usually does concerning taxes. Might want to get your support/custody agreement reviewed as well.

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Answered on 1/17/12, 8:52 am


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