Q: My children's father makes no effort to be part of their lives except on his weekends. What do I do?
I'm a single stay at home mom of 2 children. Their father has them every other weekend. Supposed to have them 2 days over every school vacation, 2 weeks in the summer and every Wednesday for dinner. He doesn't do any of that besides his weekends. He gets to claim them on his taxes even though my father is the one who puts a roof over our head and is the sole provider. He only pays $175/wk for 2 children and wants me
To sign the paper to release authorization to claim the kids. I do not want to sign it. What do I do??
A: You can file a motion to modify (increase) child support based on fact that dad is spending less time than the custody order permits. Contact a tax lawyer re: your tax question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: You did not state when you were divorced from the children's father or was there a paternity matter which went to Judgment, so depending upon which proceeding is involved you will potentially need to file a Modification Petition to the current Judgment seeking increased child support due to the children being with father less than 1/3 of the week. Child support is based upon the Child Support Guidelines usually and your income and his income are considered as well as insurance costs and child care costs. You can request the Mass Dept. of Revenue to be involved in the Modification of Chils Support , but it looks like he is not exercising visitation under a current Judgment and the MDOR does not undertake custodial and visitation issues and visitation needs to be modified to reflect the true level of his participation..
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