Legal Question in Family Law in New Mexico

I was awarded $820. each month for child support for my two sons. My ex-husband pays daycare directly from this amount and I receive the balance through his employer by court order. He now wants to claim all daycare expenses. I think that we should split the amount. Can you tell me if I am entitled to a portion of the daycare expenses to claim on my income tax return. We each claim one child.


Asked on 1/26/10, 12:52 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

In order to answer this question an attorney will need to see your child support worksheet and the order which directs your ex to pay the child support. Because you seem not to have anticipated this occurrence in either your settlement agreement or court order then the issue might be negotiable. However, without the document showing the order and the worksheet no clear answer can be provided. Go and see an attorney as soon as possible.

Good Luck.

Law Guru

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Answered on 1/31/10, 3:16 pm


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