Legal Question in Family Law in Pennsylvania
I currently share custody of my 4yr old son with my ex boyfriend. I have primary and my son lives with me. He goes to his fathers Wed after pre school and every other Friday or Saturday. When my son was one we went through domestic relations and set this schedule up and this is the only time his father wanted. His father does pay child support. We don't have in our custody agreement who gets to claim him every yr but according to IRS I do as my son lives with me and is not with his father for more then half the yr. Every other year he beats me in filing and claims our son. I was instructed by IRS to claim my son but to mail it in instead of Electronic . I received a call from his father today and he stated if I don't sign a waiver allowing him to claim our son he is going to take me to court and ask for 50/50 joint custody so he is able to claim him and pay less child support. I'm scared because I love my son with all my heart and we are very close. He is very happy, comfortable and adjusted to the schedule. My ex has never asked me for more time with him. He is only asking now because he wants more money in his wallet. I don't want my son's life disrupted. Can you please advise as to what my rights are? Thank you!
2 Answers from Attorneys
Custody and support are two separate issues. it seems the father is trying to use the custody issue in order to have yoy agree to the tax deduction claim. you do not indicate what your respective incomes are. it is possible that the father may be able to get the deduction through a court proceeding . Every case is different and the facts may lead to a different result. i would advise you consult with an attorney to discus the issues in your particular case.
If you are the one with primary phsyical custody, you are the one entitled to the tax deduction, unless you signed the tax waiver or the court ordered you to sign the tax waiver. As the previous post mentioned, support and custody are two seperate matters. I would also suggest that you consult with an attorney. If your husband would file for custody, you would have the right to challenege that and you could ask the Court for whatever Order you would like to see. As far as the likelyhood of success for his claim, its hard to say without knowing more about the case.
Feel free to contact me if you have any further questions. I offer free phone consultations.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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