Legal Question in Family Law in Nevada
My children's father and I have already been to the initial hearing to establish custody. We received joint legal and joint custody. He was ordered to pay no child support because he's not working. He did get married in December though two months after receiving the initial paperwork. We've been to Mediation where we agreed on holidays but did not agree to the regular schedule. He's now threatening me to amend last years taxes unless I agree to the schedule he is asking for. The children are with me during the school week from Monday night to Friday morning. I'm not sure what my options are or how to go about resolving this issue. He is represented and I am representing myself.
1 Answer from Attorneys
I would not worry too much about tax threats (although you may want to consult a CPA or other tax adviser, as it is a tax question, not a family law question). Who is entitled to what child-related exemptions is tied to who supports them -- and on the facts you recite, that is pretty clearly you.
The only reason anyone would want to have the paperwork alter the exemptions is if they had taxable income to shield -- so maybe you want to re-examine whether he really has "no income" (even if that were true, he SHOULD be paying the statutory minimum of support; something appears to have gone wrong). You might want to consult a family law specialist. First, see http://willicklawgroup.com/child-support/.
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