Child Support


#1

Dear Jumper:

Greetings. Yes, you should be able to pay by allotment if you are not ordered (or have agreed in writing) to pay another way. It is just as easy to track an allotment as a check. She would have a hard time getting someone to think otherwise…as if you just were giving her money for something else and not paying your child support?

As far as the taxes, I will do some research and get back to you tomorrow.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Dear Jumper:

I did the research and North Carolina has ruled that they can require the custodial parent to execute a waiver in favor of the payor. Therefore, yes the judge is able to transfer the dependency exemption to you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Hi again Janet. I have a question regarding child support. I pay my child support on time and have never missed a payment. Initially, I was paying my child support thru a military allotment which I was told isn’t the best way since it doesn’t prove I’m paying for child support. I’ve since cancelled my allotment and started paying child support via check with “(month) Child Support” written on it. Is paying via allotment considered a viable option or could my ex come back and say I never paid? I believe she’d have a hard time convincing someone I wasn’t when the allotment was for the amount stated in the decree and was paid on the 1st of each month and deposited into her checking account.

Also, she’s talked of taking me back to court for more child support. If she does, my wife and I have said we would fight to be able to claim one of my kids on our taxes (she gets to claim both right now). She says it wouldn’t happen. What’s your opinion? Could I be awarded the right to claim one or both of our kids on our taxes?