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pickled
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Reged: 05/09/07
Posts: 7
could i still claim child?
      #286482 - 09/06/07 04:45 PM

My husband and I are just about to get divorced and i'm drafting the settlement agreement. (In pro per)

SO, he is going to be paying a significant amount of support to me, i'm the primary custodial parent with shared physical custody and i was wondering if it would be wise to stipulate in the agreement that both parties will alternate years in claiming child. His income is more than my income, he's in the military E6. Should i do it that way, or would it be to my advantage to get claim child?

-thank you


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ssmom79
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Reged: 06/27/07
Posts: 7985
Re: could i still claim child? [Re: pickled]
      #286495 - 09/06/07 05:01 PM

"Should i do it that way, or would it be to my advantage to get claim child?
___________________________________________

Hmmmm....I'm going with do the right thing. You should alternate years if you are willing.


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Goodmom
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Reged: 06/17/07
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Re: could i still claim child? [Re: pickled]
      #286589 - 09/06/07 08:24 PM

Quote:

My husband and I are just about to get divorced and i'm drafting the settlement agreement. (In pro per)

SO, he is going to be paying a significant amount of support to me, i'm the primary custodial parent with shared physical custody and i was wondering if it would be wise to stipulate in the agreement that both parties will alternate years in claiming child. His income is more than my income, he's in the military E6. Should i do it that way, or would it be to my advantage to get claim child?

-thank you




Well, it would be to your advantage to claim the child. But I would go with what you would probably end up with if you were to go to court over it.

In NJ, the judges usually alternate years if there is one child, split if there is 2. And if there is an odd number of children, it will be split evenly with the odd being alternated each year.

One thing that I would put into the agreement (and something that a judge shouldn't have any problem with) is that in order for him to claim the exemption, he has to be current on child support.


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Avaya
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Reged: 02/09/06
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Re: could i still claim child? [Re: pickled]
      #286822 - 09/07/07 08:54 AM

No doubt it will always be to your financial advantage to claim the child. But, IMO, it will earn you a lot of Goodwill to alternate years, AND it would be more fair since, as you say, he will be paying 'a significant amount of CS'.

--------------------
Eternity is too long to be wrong.


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ssmom79
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Reged: 06/27/07
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Re: could i still claim child? [Re: Avaya]
      #286945 - 09/07/07 10:54 AM

"One thing that I would put into the agreement (and something that a judge shouldn't have any problem with) is that in order for him to claim the exemption, he has to be current on child support."
___________________________________

GREAT advice!!


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